
Book Mif 



Constitution 



OF THE 



State of California 

AND 

Summary of Amendments 

TO WHICH ARE APPENDED 

Magna Charta 

Declaration of Rights 

Declaration of Independence 

The Articles of Confederation 

AND 

The Constitution of the United States 




Caijfornia 

State Printing Office 

1915 



Constitution 



OF THE 



State of California ^ 

Summary of Amendments 

TO WHICH ARE APPENDED 

Magna Charta 

Declaration of Rights 

Declaration of Independence 

The Articles of Confederation 

AND 

The Constitution of the United States 




California 

State Printing Office 

1915 



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PREPARED FOR THE STATE PRINTER 

BY 
THE LEGISLATIVE COUNSEL BUREAU 



D. Of D. 
'MR 22 19 S 



CONTENTS. 

Page 
The Flag 5 

Act for Admission of California into the Union 17 

Constitution of California 18 

Members of Constitutional Convention of 1879 188 

Treaty with Mexico 190 

Constitution of California, 1849 207 

Summary of Amendments 240 

Magna Charta 260 

Declaration of Rights (New York, 1765) 284 

Declaration of Rights (Philadelphia, 1774) 286 

Declaration of Independence 291 

Articles of Confederation.- 296 

Constitution of the United States 306 

Amendments to Constitution of the United States 322 




"I pledge allegiance to my Flag and to the Republic 
for which it stands, one nation, indivisible, with liberty and 
justice for all." 



THE FLAG. 

Flags of Revolutionary and Colonial Times. 

Prior to the Declaration of Independence the different colonies 
retained the standards of the mother country, the ancient 
national flag of England, a white banner with the red cross of 
St. George, or the union flag of King- James, a combination of the 
sses of St. George and St. Andrew, designated as the "King's 
colors.*' There was sometimes an addition, however, of some 
local emblem. Massachusetts, for instance, adopted for its 
emblem the pine tree, placing the device also on its coins. 

According to the Massachusetts Bay records, the red cross of 
St. George was in use in that colony in 1634. and probably had 
been for some time. The Puritans strongly objected to the red 
5 in the Hag. on the narrow ground that it was a papistical 
symbol and was idolatrous. In November. 1634, John Endicott, 
of Massachusetts, a Puritan of the most austere type, with his 
sword cut the cross out of the banner that hung before the 
rnor's gate. His act received so much support in sentiment 
among the militiamen that in 1635 the Military Commissioners 
substituted the Kind's colors for the cross of St. George, to be 
displayed from ships and over Castle Island, Boston, because 
the castle belonged to the King, but colors were appointed for the 
militia companies, with the red cross left out of all of them. 
The English Parliament, however, in 1651, revived the standard 
of St. George, and the General Court of the Commonwealth oi 
-achusetts decreed that it be used on all appropriate occa- 
sions. 

The flags in use in America in these early times were of 
various construction and arrangement of color. Sometimes a 
white field was charged with the red cross; at other times the 
field was red with the cross cantoned on a white field in one 
corner; sometimes, too. the field was blue, with the cross can- 
toned in white, and at times a pine tree or globe was displayed 
in the canton along with the cross. Under the government of 
Sir Edmund Andros the flag of New England had a white held, 
charged with the cross of St. George, surmounted with a crown, 
and bearing the inscription J. K. (Jacobus Rex). In 1707, 
when, under Queen Anne, the kingdom of Greal Britain, includ- 



6 THE FLAG. 

ing England, Wales and Scotland, was established by treaty, 
the Union Jack of the time of King James was adopted by the 
American colonies, in conformity to the action of the British 
Parliament. 

At the commencement of the Revolution the revolted colonies 
displayed quite a variety of flags, those so much spoken of in 
1774 as "union flags" being red English ensigns, with the Union 
Jack, or combined crosses of St. George and St. Andrew, and 
bearing, in addition, such mottoes as "Liberty," "Liberty and 
Union," etc. 

The "Union, with a red field," or, in other words, a red 
ensign, was displayed at New York in March, 1775, on a liberty 
pole, with the inscription "George Rex and the Liberties of 
America." The Connecticut troops displayed on their standards 
after the battle of Lexington the arms of the colony, with the 
motto "Qui transtulit, sustinet," which was freely translated 
"God, who transported us hither, will support us." Some time 
later the Provincial Congress ordered that the regiments be dis- 
tinguished by the colors of their flags. Nothing is positively 
known as to what flag y or whether any flag, was carried by the 
Americans at Bunker's Hill, but there is a tradition that one 
was hoisted at the redoubt with the motto, "Come if You Uare." 
The generally accepted belief as brought down from early 
descriptions is that the Bunker Hill flag was blue, with the red 
cross of St. George and a green pine tree in a white canton in 
the upper left hand corner. The motto, "An Appeal to Heaven," 
was ordered by the Provincial Congress of Massachusetts, in 
1776, to be borne on the flag of the warships of that colony. 
This flag was the green pine tree on a white field. The first 
warships commissioned by Washington, sailed under the pine-tree 
flag. Blue, with a white crescent, was the first revolutionary 
flag unfurled in the South. This was hoisted on the fortifications 
of Charleston, September 13, 1775, being the design of Captain 
William Moultrie, who prepared it at the request of the Council 
of Safety. 

The flag known as the "Great Union" was first unfurled by 
Washington at Cambridge, on January 2, 1776. It combined the 
thirteen alternate red and white stripes of the present United 
States flag, with the St. George and St. Andrew crosses on the 
blue canton where the stars now are. 



THE FLAG. i 

The first flag adopted by the ships of the United States as a 
national ensign consisted of the familiar horizontal stripes, with 
the British union, however, retained in a canton. Commodore 
Esek Hopkins bore this flag at the masthead of his ship when 
he sailed with his fleet from the Delaware capes on February IT, 
1776. A yellow ensign, with the device of a rattlesnake about 
to strike, and bearing the motto. "Don't Tread on Me," was 
carried by Hopkins previous to the introduction of the "Great 
Union." The snake emblem on. many of the flags then used 
was doubtless suggested by the illustrations at the heads of many 
of the newspapers of the time, representing a snake in thirteen 
sections, each inscribed with an abbreviation of the name of a 
colony and bearing the motto. "Join or Die." Sometim.-s the 
snake was represented coiled around the base of a pine tree, 
and at others lying at length on a field of thirteen alternate red 
and white or red and blue stripes. Again, it was coiled iu the 
center on a yellow field. 

When the "Great Union," whose official origin is somewhat 
obscure, was adopted, the legal rights of the mother country 
were still acknowledged by the colonists : hence the combination 
of the crosses of St. George and St. Andrew was retained. The 
thirteen red and white stripes were probably derived from the 
red flag of the army and white flag of the navy, which were 
previously in use. It is said that the thirteen stripes were first 
used in a banner presented by Captain Abraham Markoe to the 
Light Horse troop of Philadelphia in 1775. This banner is still 
in the possession of the troop, and is sometimes displayed at its 
anniversary dinners. The stripes, however, were cantoned in 
the upper left hand corner, while the center of the flag contained 
armorial emblems. 

The National Flag. 

The emblems of union with Britain were retained iu the 
American flag until the year after the signing of the Declaration 
of Independence. As they were then considered altogether 
inappropriate. Congress decreed, on June 14, 1777, that "the 
Bag of the thirteen United States be thirteen stripes, alternate 
red and white: that the union be thirteen stars, white in a blue 
field, representing a new constellation." This was the basis of 
the present United States Flaer, which differs only in the number 
of white stars cantoned on the blue, and is the first definitely 
rive act for the adoption of a National Flag. 



S THE FLAG. 

The original thirteen States were : New Hampshire, Massa- 
chusetts, Connecticut, Rhode Island, New York, Delaware, New 
Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South 
Carolina, and Georgia. Some of the flags used, when only twelve 
of the States had ratified the articles of the Convention, bore 
only twelve stars. 

The resolution in relation to the Flag was published in the 
papers in August, but the design was not officially promulgated 
by Congress until the 3d day of September. 

There is a story that the National Flag was first unfurled by 
Paul Jones on the Ranger, he having been appointed to the 
command of that ship on the very day that Congress passed the 
National-flag resolution. It has long been accepted as a his- 
torical fact that the first military display of the Flag in battle 
was made August 2, 1777, when the American garrison at Fort 
Stanwick, New York, besieged by redcoats and Indians, raised 
a curiously improvised banner made up of shirts cut up to form 
the white stripes, bits of scarlet cloth joined for the red, ^nd the 
blue ground for the stars composed of a cloth cloak. 

Although tradition speaks of the unfurling of the Stars and 
Stripes immediately after the Declaration of Independence, there 
is no definite evidence of the use of the flag of thirteen stars 
and thirteen stripes prior to its adoption by the American 
Congress. George Henry Preble, Rear Admiral, U. S. N., in 
his "History of the Flag of the United States of America,'' has 
this to say : 

"Beyond a doubt, the thirteen stars and stripes were unfurled 
at the battle of Brandywine, September 11, 1777, eight days 
after the official promulgation of them at Philadelphia, and at 
Georgetown on the 4th day of October following ; they witnessed 
the operation against and the surrender of Burgoyne. after the 
battle of Saratoga, October 17, 1777 ; and the sight of this new 
constellation helped to cheer the patriots of the army amid their 
sufferings around camp fires at Valley Forge the ensuing winter. 
They waved triumphant at the surrender of Cornwallis at York- 
town, September 19, 1781 ; looked down upon the evacuation of 
New York. November 25, 1783 ; and shared in all the glories of 
the latter days of the revolution." 

It is conceded by all authors of books touching upon the sub- 
ject, that the first flag combining the stars and stripes was 
made and partially designed by Elizabeth or "Betsy" Ross, at 
No. 89 Arch street (now No. 239), Philadelphia, Pennsylvania. 



THE FLAG. 9 

Mis. ltoss made the flag after a rough drawing explained to her 
hy General Washington, during the year 177(5, for the use of 
the committee of Congress '"appointed to design a suitable flag 
for the nation." After its adoption by Congress Mrs. Ross was 
for many years engaged in making flags for the Government. 

The National Flag of the United States is a growth rather 
than a creation. It is not known with any degree of accuracy 
by whom the stars were first suggested. Some ascribe their 
smryestion to John Adams, while others maintain that the design 
of the whole flag was borrowed from the arms borne by the 
Washington family. The earliest recorded suggestion of stars 
as a device is found published March 10, 1774, in the "Massa- 
chusetts Spy,*' in a song written for the anniversary of the 
Boston Massacre of the 5th of March . 

Srill another origin is claimed for the National Flag, it being 
asserted that the blue field was taken from the banner of the 
Scottish Covenanters, and is. therefore, significant of "the 
League and Covenant of the United States against oppression." 

The thirteen stars on the blue canton in the flag of 1777 were 
;uranged in a circle, although no special form for their disposi- 
tion was officially prescribed. The stars were probably disposed 
in a circle to symbolize the perpetuity of the new Nation, 
as well as the equality which existed among the States. The 
National Flag in this form continued unchanged until May 1, 
17!».~>. In the year before. Senator Bradley of Vermont, whose 
own State, on March 4. 1791, as also Kentucky on June-1, 1792, 
had been admitted to the Union, introduced a bill, which passed 
( 'oncrress and was approved January 13, 1794, as follows : 

"Re it enacted, etc., That from and after the first day of May. 
<.ne thousand seven hundred and ninety-five, the Flag of the 
United States be fifteen stripes, alternate red and white; that 
the union be fifteen stars, white in a blue field." 

This flag floated throughout the war of 1812-14. 

The admission of the states of Tennessee, June 1, 1796; Ohio, 
November 29, 1802; Louisiana. April 30, 1812; Indiana, Decem- 
ber 11, 1816, and Mississippi, December 10, 1817, made a change 
in the Flag accessary. A committee of Congress, appointed to 
inquire into the expediency of altering the Flag, reported a bill 
on the 2d day of January, 1817, and a long debate ensued. The 



10 THE FLAG. 

bill was passed during the session of 1818 and was approved 
April 4, 1818. It reads as follows : 

"An Act to Establish the Flag of the United States. 

"Section 1. Be it enacted, etc., That from and after the 
fourth day of July next, the Flag of the United States be thirteen 
horizontal stripes, alternate red and white ; that the union have 
twenty stars, white in a blue field. 

"Sec. 2. And he it further enacted, That on the admission of 
every new State into the Union, one star be added to the union 
of the Flag ; and that such addition shall take effect on the fourth 
of July next succeeding such admission." 

Stars were added to the constellation as new states were added 
to the Union in the following order : Illinois, on December 3, 
1818, was the first state to be admitted after adopting the flag, 
and following came Alabama, December 14, 1819 ; Maine, March 
15, 1820 ; Missouri, August 10, 1821 ; Arkansas, June 15, 1836 ; 
Michigan, January 26, 1837; Florida, March 3, 1845; Texas, 
December 29, 1845 ; Iowa, December 28, 1846 ; Wisconsin, May 
29, 1848; California, September 9, 1850; Minnesota, May 11, 
1858; Oregon, February 14, 1859; Kansas, January 20, 1861; 
West Virginia, June 19, 1863; Nevada, October 31, 1864; 
Nebraska, March 1, 1867; Colorado, August 1, 1876; North 
Dakota, November 3, 1889 ; South Dakota, November 3, 1889 ; 
Montana, November 8, 1889 ; Washington, November 11, 1889 ; 
Idaho, July 3, 1890; Wyoming, July 10, 1890; Utah, January 
4, 1896 ; Oklahoma, November 16, 1907 ; New Mexico, January 
6, 1912; Arizona, February 14, 1912; thus altering the Flag 
from time to time, until it now contains forty-eight stars. 

Navy and Army Regulations. 

After the establishment of the Flag in ISIS, the following 
circulars were issued : 

"Navy Commissioners' Office, May 18, 1818. 
"Sir : The Navy Commissioners have to inform you that agree- 
ably to the Act of Congress of the 4th day of April, 1818, 
entitled, 'An Act to establish the Flag of the United States,' our 
National Flag is, from and after the 4th day of July next, lobe: 
Thirteen horizontal stripes, alternate red and white. The union 
to be twenty stars, white in a blue field ; one star to be added on 
the admission into the Union of every new State ; such addition 




THE FLAG. 11 

to be made from and after the 4th of July next succeeding the 
date of such admission. 

"The size of the flag must be in 

the proportion of fourteen feet in 

width and twenty-four feet in length, 

the field of the union must be one 

third of the length of the flag, and 

seven thirteenths of its depth, so that 

from the top to the bottom of the 

union there will be seven stripes, 

and six stripes from the bottom of the union to the bottom of the 

flag. The manner of arranging the stars you will perceive by the 

subjoined sketch. The upper and the lower stripes to be red. 

"Respectfully, 

"Jno. Rodgers, President. 

"To the officer commanding, Navy Yard, Portsmouth, N. H. r 
This was amended by the following circular : 

"Navy Commissioners' Office, September 18, 1818. 
"Sir : Since our circular of the 18th of May last, relative to 
the Flag to be worn by the vessels 
of the United States and at our 
naval stations, it has been deter- 
mined by the President of the 
United States that the arrangement 
of the stars shall correspond with 
the pattern stated below, and the 
relative proportions of the Flag to 
continue as stated in our circular. You will govern yourself 
accordingly. 

"On the first hoisting of the flag, you are to fire a salute of 
twenty guns. 

"I am, respectfully, your obedient servant, 

"Jno. Rodgers, 
"President of the Navy Board. 
"Captain Morris, Portsmouth." 1 

The following Executive Order for the information and guid- 
ance of the Naval Service was published July 25, 1912 : 

"EXECUTIVE ORDER. 

■ a Jacks: The size of the Jack shall be the size of the 
Union of the National Flag with which it is flown. 




12 



THE FLAG 



'•.V umber of Shirs: All National Flags having hoist less than 
five (">) feet, except colors to be carried by troops, and the cor- 
responding- Jacks, shall have only thirteen (13) stars in the 
Union, in order that the identity of the stars may be plainly 
distinguishable. 

"Position and size of Shirs: The position and size of each 
star for Unions of forty-eight (48) and thirteen (13) stars, 
respectively, shall be as indicated on blueprint of a plan which 
will be furnished to the Departments by the Navy Department. 
From this plan can be determined the location and size of stars 
for flags of any dimensions. Extra blueprints of this plan will 
be furnished upon application to the Navy Department. 

"Order effective: All National Flags and Union Jacks now on 
hand or for which contracts have been awarded shall be con- 
tinued in use until unserviceable, but all those manufactured or 
purchased for Government use after July 4, 1912, shall conform 
strictly to the dimensions and proportions herein prescribed. 

"The color of the field of the President's Flag shall be blue. 

"WM. H. TAFT. 

"The White House, 

June 24, 1912," 
Arrangement of Stars in American Flag, Effective July //, 1912. 



* * ****** 

* * * * * * * * 

* * * * * * * * 

* * * * * * * * 
******** 
******** 



"220. The garrison, post, and storm flags are National Flags, 
and shall be of bunting. The union of each is as described in 
paragraph 213, and shall be one third the length of the Flag. 

"The garrison flag will have 33 feet fly and 20 feet hoist. It 
will be furnished only to posts designated in orders from time to 
time from the War Department, and will be hoisted only on 
holidays and important occasions. 



i m; FLAG. 13 

"The post flag will have 20 feel tly and 10 fed hoist It will 
be furnished for all garrisoned posts, and will be hoisted in 
pleasant weather. 

"The storm flag will have 8 feel fly and 4 feet 2 inches hoist. 
It will he furnished for all occupied posts for use in stormy 
weather. It will also be furnished to national cemeteries and 
recruiting stations." 

Many are the poetic and beautiful interpretations of the subtle 
meaning lying behind the stars and stripes of our national 
emblem. 

While some such interpretations might surprise, yel many 
would doubtless delight the original designers of "Old Glory," 
but so long as it shall "wave, o'er the land of the free and the 
home of the brave," will the immortal poem of Francis Scotl Key 
stir the heart of every true American to patriotic fervor. 

Francis Scott Key. the author of "The Star-Spangled Banner/' 
was born in Frederick County. .Maryland. August '•». L780, and 
died in Baltimore, January 11. 1S4.'I. 

The phrase "I pledge allegiance to mj Flag and to the Republic 
for which it stands, one nation, indivisible, with liberty and jus- 
tice to all." which is repeated by pupils in the public sell 
originated with the late J. B. Upham, of Boston. Afassachus 
who was the originator and chief promoter of the School Flag 
Movement. 

Chronicles of the Flag. 

The Flag of the United States at the time of the Revolution 
had thirteen stars; in the War of 1812, fifteen stars: in the 
Mexican War. twenty-nine stars: in the Civil War, thirty-five 
stars: and in the Spanish-American War, forty-five stars. 

Raised for the first time over Massachusetts State Bouse ou 
Beacon Hill. Boston. Augusl 24, 1824. 

The twin-screw steam schooner "Midas" was the first Ameri- 
can steamer to carry the Flag around Cape of Good Hope for 
China, in 1S44. 

The bark "Edith" was the first auxiliary screw steamer under 
the American Flag that went to the British Indies. She was 
launched in 1844. and sailed from New York January IS. 1845. 
She was afterwards chartered by, and finally sold to. the War 
Department, and sent to California, where she was transferred to 
the Navy, and lost off the coast of Santa Barbara. 

The first American propeller packet ship to carry our Flag to 
England was the "Massachusetts." She was launched at East 



14 THE FLAG. 

Boston, July 22, 1845, and sailed from New York September 17, 
1845. She, like the "Edith," was chartered by the Government, 
transferred to the Navy Department, and sent to California. 
During the Civil War her engines were taken out, and she was 
refitted as a storeship and renamed the "Farallones." After the 
war she was sold in San Francisco, and renamed the "Alaska," 
and was engaged in carrying wheat from that port to Liverpool. 
Pictures of both the "Edith" and the "Massachusetts" are in 
the Naval Library and Institute at Charlestown. 

In the Boston "Daily Advertiser" appeared the following : 
"The first Stars and Stripes were raised in California, at San 
Diego, by Captain James P. Arther, when mate of the ship 
'Brookline,' in the latter part of 1829. The flag was manu- 
factured from shirts, and Captain Arther writes, with the accu- 
racy of a historian, that Mr. George W. Greene's calico shirt 
furnished the blue, while he furnished the red and white. The 
same flag was afterwards frequently raised at Santa Barbara." 

Mr. Ed E. Dunbar, in "The Discovery of Gold in California," 
writes : "In 1842 Commodore Jones, of the United States Navy, 
impressed that the United States were at war with Mexico, took 
possession of Monterey, hoisted the 'Stars and Stripes' there, and 
proclaimed California a Territory of the United States. Discov- 
ering his mistake the next day, he hauled down our Flag, and 
made such apology as the circumstances would admit." 

The Flag was officially raised in California by Commodore 
Sloat, at Monterey, July 7, 1846, and at San Francisco, by Com- 
mander Montgomery of the sloop-of-war "Portsmouth," July 8, 
1846. 

Hoisted by Lieutenant Lynch, for the first time in Palestine, 
March 31, 1848 ; displayed on the Sea of Galilee, April 8, 1848, 
and on the Dead Sea, April 19, 1848. 

Planted by Lieutenant Stone on the loftiest peak of Mount 
Popocatepetl, Mexico, at an altitude estimated from 17,720 to 
18,362 feet, April 11, 1848. 

A party of nine officers, thirty soldiers, and two sailors started 
the ascent of Mount Orizaba, Mexico, where man had never trod 
before, but only three Army officers and two Navy officers suc- 
ceeded in reaching the summit, where at an altitude of 17,300 feet 
they raised the American Flag in May, 1848. A correspondent of 
the New Orleans "Delta" wrote concerning this feat: "On the 
highest pinnacle of the frozen summit of Orizaba waves the Star- 
Spangled Banner! So you can tell Mr. Polk, his Cabinet, and 



THE FLAG. 15 

all Congress assembled, that they may pass what laws they 
please, make treaties, and the Mexicans issue pronunciamentos, 
but still will the American Flag wave over their country; for 
who will go up to pull it down?" 

The American ensign was fi'*st displayed in Japan on the land- 
ing of Commodore M. C. Perry at Uraga, on the bay of Jeddo, in 
July. 1S53. In its cluster were twenty-nine stars. 

In 1S5G. after the Crimean War, and Sebastopol was opened to 
all nations, the first vessel to enter its port was the American 
ship "Troy." with the Stars and Stripes flying. 

Raised by Dr. I. I. Hayes in lat. SO 25', long. 70° 30' W. (the 
most northern land that had been reached), May IS, 1861. 

"On the 4th of July. 1ST9, Lieutenant Frederick Schwatka, 
t\ S. Army, on his remarkable sledge expedition of 3,251 statute 
miles, unfurled for the first time at Cape Felix, King Williams 
Land, a United States Flag, which is now deposited in the 
Museum of the United States Military Service Institution on 
Governor's Island." (Army and Navy Journal, November G, 
ft 

The first Flag after its establishment in ISIS was made by 
Mrs. S. C. Reid, of New York, and hoisted on the flagstaff of the 
House of Representatives, April 14, ISIS. 

Protection of the Flag. 

Section 310 of our Penal Code provides — 

That any person, firm or corporation, who, in any manner, for 
exhibition or display, puts, places, or causes to be placed, an 
inscription, picture, device, design, symbol, name, advertisement, 
word, letter, character, mark or notice of any kind whatsoever, 
upon any flag of the U/nited States, or ensign evidently purport- 
ing to be such flag, or who in any manner appends, annexes or 
affixes to any such flag any inscription, picture, device, symbol, 
name, advertisement, word, letter, character, mark or notice 
whatsoever, or who displays or exhibits, or causes to be displayed 
or exhibited, any flag of the United States or ensign purporting 
to be such flag, upon which is put, attached, annexed, affixed 
or placed in any manner, any inscription, picture, design, device, 
symbol, name, advertisement, word, letter, mark or notice what- 
soever, or who mutilates, tramples upon, or otherwise defaces or 
defiles any such flag, said flag, be public or private property, or 
who places or causes to be placed on any manufactured or pre- 
pared article or covering of said article, such flag, or indication 



16 THE FLAG. 

of such flag, or Avho uses or causes to be used for purposes of a 
commercial or other trade-mark, such flag, or indication of such 
flag, shall be fined not more than two hundred dollars or 
imprisoned not more than one year, or both, for each and every. 
offense, in the county jail of the county in which the trial is held ; 
prodded, however, that flags, or ensigns, the property of and 
used in the service of the United States, or any state, territory or 
District of Columbia, may have inscriptions, names of actions, 
battles, skirmishes, or words, marks or symbols, which are placed 
thereon pursuant to law or authorized regulations ; provided, fur- 
ther, that this act shall not apply to banners or flags carried by 
military or patriotic organizations existing under the laws of the 
State of California and the United States of America, or to flags 
used in theatrical performances, or to flags carried by political 
parties, or organizations, in parades, or in public meetings. 
[Approved March 18, 1909 ; Stats. 1909, p. 401] 

The State Flag. 

By an act approved February 3, 1911, the Bear Flag was 
selected and adopted as the State Flag of California. The flag is 
thus described : 

"The said bear flag shall consist of a flag of a length equal to 
one and one half the width thereof ; the upper five-sixth cf the 
width thereof to be a white field, and the lower sixth of the width 
thereof to be a red stripe ; there shall appear in the white field 
in the upper left hand corner a single red star, and at the bottom 
of the white field the words 'California Republic,' and in the 
center of the white field a California grizzly bear upon a grass 
plat, in the position of walking towards the left of the said field ; 
said bear shall be dark brown in color and in length, equal to one 
third of the length of said flag." 



ACT FOR THE ADMISSION OF THE STATE OF 
CALIFORNIA INTO THE UNION. 



Whereas, The people of California have presented a constitu- 
tion and asked admission into the Union, which constitution was 
submitted to Congress by the President of the United States, by 
message dated February thirteenth, eighteen hundred and fifty, 
and which, on due examination, is found to be republican in its 
form of government : 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled. That the 
Stare of California shall be one, and is hereby declared to be one, 
or rhe United States of America, and admitted into the Union on 
an equal footing with the original States in all respects whatever. 

2. The said State of California is admitted into the Union 
upon rhe express condirion that the people of said State, ihrough 
their Legislature or otherwise, shall never interfere with the 
primary disposal of the public lands within its limits, and shall 
pass no law and do no act whereby the title of the United States 
to, and righr to dispose of. the same shall be impaired or ques- 
tioned ; and that they shall never lay any tax, or assessment of 
any description whatsoever, upon the public domain of the United 
Srares; and in no case shall non-resident proprietors, who are 
citizens of the United Srates, be taxed higher than residents ; 
and that all the navigable waters within the said State shell be 
common highways, and forever free, as well to the inhabitants 
of said State as to the citizens of the United States, without any 
rax. imposr. or duty rherefor : provided, that nothing herein con- 
tained shall be construed as recognizing or rejecting the proposi- 
rions rendered by rhe people of California, as articles of compact 
in rho ordinance adopred by the convention which formed the 
Consrirurion of that State. 

3. All laws of the United Srates which are not locally inappli- 
cable shall have the same force and effect within the said State 
of California as elsewhere within rhe United Srates. 

Approved September f). 18.10. 



CONSTITUTION OF THE STATE OF 
CALIFORNIA-1879 



Under and by authority of section 2 of article X, Constitution 
of 1849, the Legislature at its session of 1876 submitted to a vote 
of the people of the State the proposition of calling a convention 
to frame a new Constitution (Stats, of Cal. 1875-6, p. 791). 
This proposition was adopted by the people at the subsequent 
general State election, and in pursuance of such action the 
Legislature which followed passed an enabling act entitled "An 
Act to provide for a Convention to frame a new Constitution 
for the State of California," which act was approved March 30, 
1878 (Stats, of Cal. 1877-8, p. 759). The act called for an 
election to be held on Wednesday, June 19, 1878, for the pur- 
pose of electing delegates to a Constitutional Convention, to be 
composed of one hundred and fifty-two delegates, thirty-two to 
be elected by the State at large, eight residents of each of the 
four Congressional Districts then existing, and the remaining one 
hundred and twenty, a number equivalent to the combined mem- 
bership of the two branches of the State Legislature, were 
apportioned among the various counties by the act itself. 

The convention thus constituted met in the Assembly Cham- 
ber of the State Capitol at Sacramento on Saturday, September 
28, 1878. 

The convention adjourned on Monday, March 3, 1879, and the 
Constitution thus framed was ratified by vote of the people on 
Wednesday, May 7, 1879. 

PREAMBLE. 

We, the people of the State of California, grateful to Almighty 
God for our freedom, in order to secure and perpetuate its bless- 
ings, do establish this Constitution. [Constitution of 1849] 
4 Cal. 46. 

ARTICLE I. 

DECLARATION OF RIGHTS. 
Inalienable rights. 

Section 1. All men are by nature free and independent, and 
have certain inalienable rights, among which are those of enjoy- 
ing and defending life and liberty ; acquiring, possessing, and pro- 



Art. I, § 2 constitution of California. 19 

tecting property ; and pursuing and obtaining safety and happi- 
ness. [Constitution of 1849, Art. I, § 1] 

60 Cal. 192 ; 60 Cal. 197 ; 62 Cal. 539 ; 65 Cal. 35 ; 80 CaJ. 

213; S5 Cal. 311 ; 9S Cal. 73 ; 112 Cal. 471 ; 125 Cal. 396 ; 

125 Cal. 434 ; 131 Cal. 667 ; 133 Cal. 354, 377 ; 136 Cal. 
125. 527 : 144 Cal. 234 : 147 Cal. 650, 763 ; 148 Cal. 126 ; 
149 Cal. 79, 400; 150 Cal. 265; 154 Cal. 322; 157 Cal. 
27 : 15S Cal. 325 : 162 Cal. 691, 693 ; 1 Cal. App. 699 ; 5 
Cal. App. 759 ; 6 Cal. App. 236. 

Purpose of government. 

Sec. 2. All political power is inherent in the people. Govern- 
ment is instituted for the protection, security, and benefit of the 
people, and they have the right to alter or reform the same when- 
ever the public good mav require it. [Constitution of 1849, Art. 
I, §2] 

67 Cal. 360 ; 71 Cal. 634 ; 91 Cal. 249 ; 92 Cal. 310 ; 113 
Cal. 64S ; IIS Cal. 408 ; 13S Cal. 381 ; 139 Cal. 541. 

United States Constitution supreme law. 

Sec. 3. The State of California is an inseparable part oi the 
American Union, and the Constitution of the United States i? the 
supreme law of the land. 
144 Cal. 79. 

Liberty of conscience. 

Sec. 4. The free exercise and enjoyment of religious profes- 
sion and worship, without discrimination or preference, sha;l for- 
ever be guaranteed in this State ; and no person shall be rendered 
incompetent to be a witness or juror on account of his opinions 
on matters of religious belief ; but the liberty of conscience hereby 
secured shall not be so construed as to excuse acts of licentious- 
ness, or justify practices inconsistent with the peace or safety of 
this State. [Constitution of 1849, Art. I, §4] 

55 Cal. 552 ; 50 Cal. 638 ; 59 Cal. 6, 13, 20 ; 60 Cal. 177, 
192, 195, 201, 204, 211 ; 71 Cal. 550 ; 77 Cal. 23 ; 79 Cal. 
17<3 : 105 Cal. 345 ; 129 Cal. 549. 

Suspension of habeas corpus. 

Sec. 5. The privilege of the writ of habeas corpus shall not 
be suspended unless when, in cases of rebellion or invasion, the 
public safety may require its suspension. [Constitution of 1849, 
Art I, § 5] 

126 Cal. 616 ; 133 Cal. 354. 



20 CONSTITUTION OF CALIFORNIA. ART. I, § 6 

Bail — Unusual punishment — Detention of witnesses. 

Sec. 6. All persons shall be bailable by sufficient sureties, 
unless for capital offenses when the proof is evident or the pre- 
sumption great. Excessive bail shall not be required, nor exces- 
sive fines imposed ; nor shall cruel or unusual punishments be 
inflicted. Witnesses shall not be unreasonably detained, nor con- 
fined in any room where criminals are actually imprisoned. 
[Constitution of 1849, Art. I, §§ 5, 6] 

53 Cal. 411; 54 Cal. 77, 108; 57 Cal. 94; 59 Cal. 417, 

675 ; 61 Cal. 58 ; 64 Cal. 266 ; 67 Cal. 257 ; 68 Cal. 262 ; 

70 Cal. 2 ; 82 Cal. 183 ; 83 Cal. 389 ; 87 Cal. 160 ; '.)0 Cal. 

617 ; 92 Cal. 189 ; 156 Cal. 737 ; 160 Cal. 383 ; 1 Cal. App. 

199; 8 Cal. App. 469, 566; 11 Cal. App. 575; 18 Cal. 

App. 4. 

Trial by jury. 

Sec. 7. The right of trial by jury shall be secured to all, and 
remain inviolate ; but in civil actions three fourths of the jury 
may render a verdict. A trial by jury may be waived in all crim- 
inal cases not amounting to felony, by the consent of both parties, 
expressed in open court, and in civil actions by the consent of the 
parties, signified in such manner as may be prescribed by law. 
In civil actions and cases of misdemeanor, the jury may consist 
of twelve, or of any number less than twelve upon whicici the 
parties may agree in open court. [Constitution of 1849, Art. 
I, §3] 

57 Cal. 232 ; 64 Cal. 266 ; 70 Cal. 448 ; 85 Cal. 642 ; 87 
Cal. 354, 356 ; 88 Cal. 124 ; 96 Cal. 136 ; 97 Cal. 180 ; 100 
Cal. 227; 104 Cal. 467; 106 Cal. 298; 114 Cal. 368 (dis- 
barment—no right to jury trial) ; 122 Cal. 139; 125 Cal. 
504 ; 127 Cal. 201, 202 ; 129 Cal. 552 ; 136 Cal. 530 ; 139 
Cal. 589 ; 164 Cal. 177 ; 48 Cal. Dec. 79, 80, 81 ; 5 Cal. 
App. 623; 6 Cal. App. 770; 9 Cal. App. 250. 

Indictment — Information — Grand jury. 

Sec. 8. Offenses heretofore required to be prosecuted by 
indictment shall be prosecuted by information, after examination 
and commitment by a magistrate, or by indictment, with or with- 
out such examination and commitment, as may be prescribed by 
law. A grand jury shall be drawn and summoned at least once 



AKT. I. $ 9 CONSTITUTION OF CALIFORNIA. 21 

a year in each county. | Constitution of 1840. Art. I. portion 
of 5 8] 

56 Cal. 229, 2:5:5. 638; 57 Cal. 565; 59 Cal. 229; 60 Cal. 

104: 64 Cal. ITS. 213; 65 Cal. 77. 10S, 046; 6(5 Cal. 665; 

67 Cal. 2:52: 68 Cal. 579; 69 Cal. 108, 540 ; 78 Cal. 56S ; 

85 Cal. ^: 01 Cal. 645; 02 Cal. 271: 105 Cal. 508. 044; 

108 Cal. 663; 109 Cal. 449. 622; 111 Cal. 612; 115 Cal. 

53 : 128 Cal. 06 : 142 Cal. 59S ; 152 Cal. 73 ; 167 Cal. 317, 

318: 5 Cal. App. 465. 468: 9 Cal. App. 283. 543; 10 Cal. 

App. 551: 20 Cal. App. 589: 24 Cal. App. 181; 19 Cal. 

App. Dec. 182. 

Liberty of speech and of the press. 

Sec. 9. Every citizen may freely speak, write, and publish his 
sentiments on all subjects, being responsible for the abuse of that 
right : and no law shall be passed to restrain or abridge the 
liberty of speech or of the press. In all criminal prosecutions 
for libels, the truth may be given in evidence to the jury ; and if 
it shall appear to the jury that the matter charged as libelous is 
true, and was published with good motives, and for justifiable 
ends, the party shall be acquitted ; and the jury shall have the 
right to determine the law and the fact. Indictments found, or 
information laid, for publications in newspapers, shall be tried in 
the county where such newspapers have their publication office, 
or in the county where the party alleged to be libeled resided 
at the time of the alleged publication, unless the place of trial 
shall be changed for good cause. [Constitution of 1S49, 
Art. I. §9] 

72 Cal. 466: 73 Cal. 123; 112 Cal. 97, 100; 122 Cal. 93; 
139 Cal. 121: 157 Cal. 774 et seq.: 167 Cal. 317; 1 Cal. 
App. 698: 19 Cal. App. Dec. 676. 

Right to assemble and to petition. 

Sec. 10. The people shall have the right to freely assemble 
together to consult for the common good, to instruct their lepre- 
sf-ntatives. and to petition the Legislature for redress of griev- 
ances. [Constitution of 1849, Art. I, §10] 
66 CaL 55 : 129 Cal. 343 ; 146 Cal. 624. 



22 CONSTITUTION OF CALIFOKNIA. ART. I, § 11 

Uniform general laws. 

Sec. 11. All laws of a general nature shall have a uniform 
operation. [Constitution of 1849, Art. I, § 11] 

56 Cal. 638 ; 57 Cal. 160 ; 58 Cal. 61 ; 59 Cal. 12 ; 60 Cal. 

189 ; 65 Cal. 35 ; 68 Cal. 145 ; 69 Cal. 151 ; 71 Cal. 630, 

631 ; 76 Cal. 442 ; 84 Cal. 76 ; 89 Cal. 472, 523 ; 90 Cal. 

558; 91 Cal. 238, 249; 94 Cal. 603, 620, 624, 632; 104 

Cal. 351, 645 ; 105 Cal. 616 ; 109 Cal. 334, 497 ; 110 Cal. 

652 ; 111 Cal. 371, 372, 569 ; 112 Cal. 474 ; 113 Cal. 646 ; 

115 Cal. 550 ; 118 Cal. 305, 408 ; 120 Cal. 050 ; 122 Cal. 

147 ; 124 Cal. 347 ; 126 Cal. 37 ; 127 Cal. 7 ; 129 Cal. 343 ; 

134 Cal. 53, 55 ; 136 Cal. 528, 538 ; 137 Cal. 481 ; 138 Cal. 

381 ; 140 Cal. 487 ; 143 Cal. 414 ; 144 Cal. 269 ; 147 Cal. 

334 ; 148 Cal. 265, 748 ; 149 Cal. 400 ; 151 Cal. 334 ; 153 

Cal. 61, 62 ; 155 Cal. 381, 657 ; 157 Cal. 55, 75, 158, 159, 

163, 164 ; 162 Cal. 590, 691 ; 164 Cal. 326, 400, 568 ; 1 Cal. 

App. 199 ; 6 Cal. App. 240, 241 ; 11 Cal. App. 407 ; 12 Cal. 

App. 405; 17 Cal. App. 425; 18 Cal. App. 33; 24 Cal. 

App. 89, 218 ; 19 Cal. App. Dec. 66, 67. 

Civil power supreme. 

Sec. 12. The military shall be subordinate to the civil power. 
No standing army shall be kept up by this State in time of peace, 
and no soldier shall, in time of peace, be quartered in any house 
without the consent of the owner ; nor in time of war, except in 
the manner prescribed by law. [Constitution of 1849, Art. I, 
§§ 12 and 13] 

19 Cal. App. Dec. 843. 

Criminal prosecutions — Rights of accused. 

Sec. 13. In criminal prosecutions, in any court whatever, the 
party accused shall have the right to a speedy and public trial ; 
to have the process of the court to compel the attendance of 
witnesses in his behalf, and to appear and defend, in person and 
with counsel. No person shall be twice put in jeopardy for the 
same offense ; nor be compelled, in any criminal case, to be a 
witness against himself ; nor be deprived of life, liberty or prop- 
erty without due process of law. The Legislature shall have 
power to provide for the taking, in the presence of the party 
accused and his counsel, of depositions of witnesses, in criminal 
cases other than cases of homicide, when there is reason to believe 



Art. I. § 14 constitution of California. 23 

that the witness, from inability or other cause, will not attend 
at the trial. [Constitution of 1849, Art. I, portion of § 8] 

54 Cal. 531 ; 55 Cal. 290, 296 ; 57 Cal. 251 ; G2 Cal. 491 ; 

03 Cal. 219, 293 ; 64 Cal. 401 ; 65 Cal. 223, 232 ; 06 Cal. 

102, 603 ; 67 Cal. 99 ; 6S Cal. 18, 630 ; 69 Cal. 301, 372 ; 

70 Cal. IS ; 73 Cal. 5S2 ; 74 Cal. 22, 38 ; 76 Cal. 57, &44 ; 

77 Cal. 30. 177. 183, 213 ; 79 Cal. 181, 429 ; 82 Cal. 459, 

461, 462. 463, 465, 466, 468 ; 84 Cal. 441 ; 85 Cal. 383, 

516 ; 91 Cal. 30 ; 92 Cal. 486 ; 98 Cal. 681 ; 99 Cal. 231, 

361 ; 100 Cal. 153 ; 103 Cal. 193, 245, 354 ; 104 Cal. 527 ; 

105 Cal. 606, 615, 643 ; 107 Cal. 288 ; 108 Cal. 324, 607 ; 

113 Cal. 2S4 ; 114 Cal. 57 ; 115 Cal. 61 ; 116 Cal. 77, 250, 

392 ; 117 Cal. 10 ; 122 Cal. 126 ; 127 Cal. 7 ; 130 Cal. 123 ; 

132 Cal. 501 ; 133 Cal. 351, 354, 355 ; 136 Cal. 125, 295 ; 

143 Cal. 698; 144 Cal. 56, 334; 145 Cal. 90; 146 Cal. 

315 ; 150 Cal. U, 550 ; 151 Cal. 204 ; 152 Cal. 617 ; 154 

Cal. 30S, 322. 390 ; 160 Cal. 338, 427 ; 165 Cal. 61 ; 48 Cal. 

Dec. 554: 1 Cal. App. 199; 2 Cal. App. 204; 5 Cal. App. 

214, 590, 759 ; 6 Cal. App. 236 ; 7 Cal. App. 753 ; 8 Cal. 

App. 117; 9 Cal. App. 200, 250; 11 Cal. App. 472; 13 

Cal. App. 545 : 14 Cal. App. 114; 17 Cal. App. 6; 18 Cal. 

App. 65 ; 24 Cal. App. 800. 

Rights of private property. 

Sec. 14. Private property shall not be taken or damaged for 
public use without just compensation having first been made to, 
or paid into court for, the owner, and no right of way shall be 
appropriated to the use of any corporation other than municipal 
until full compensation therefor be first made in money or ascer- 
tained and paid into court for the owner, irrespective of any 
benefits from any improvement proposed by such corporation, 
which compensation shall be ascertained by a jury, unless a jury 
be waived, as in other civil cases in a court of record, as shall 
be prescribed by law. The taking of private property for a rail- 
road run by steam or electric power for logging or lumbering 
purposes shall be deemed a taking for a public use, and any per- 
son, firm, company or corporation taking private property under 
the law of eminent domain for such purposes shall thereupon 
and thereby become a common carrier. [Amendment adopted 
October 10, 1911] 

Original text. — Sec. 14. Private property shall not be taken 
or damaged for public use without just compensation having 



24 CONSTITUTION OF CALIFORNIA. ART. I, § 15 

been first made to, or paid into court for, the owner, and no right 
of way shall be appropriated to the use of any corporation other 
than municipal until full compensation therefor be first made in 
money or ascertained and paid into court for the owner, irre- 
spective of any benefit from any improvement proposed by such 
corporation, which compensation shall be ascertained by a jury, 
unless a jury be waived, as in other civil cases in a court of 
record, as shall be prescribed by law. [Constitution of 1849, 
Art. I, portion of § 8] 

50 Cal. 285, 411 ; 54 Cal. 324 ; 59 Cal. 265, 267 ; 60 Cal. 
210 ; 61 Cal. 91 ; 64 Cal. 114, 178 ; 65 Cal. 250, 294 ; 66 
Cal. 492, 501 ; 67 Cal. 49, 62, 64, 545 ; 68 Cal. 62, 65 ; 
69 Cal. 206, 265, 301; 73 Cal. 40; 74 Cal. 261, 262; 
77 Cal. 29; 78 Cal. 72; 79 Cal. 162, 551; 83 Cal. 569; 
85 Cal. 614; 86 Cal. 48; 91 Cal. 456; 94 Cal. 492; 95 
Cal. 223 ; 98 Cal. 262, 617, 618 ; 102 Cal. 663 ; 103 Cal. 
461, 470, 616 ; 104 Cal. 20 ; 106 Cal. 284 ; 109 Cal. 622 ; 
111 Cal. 563 ; 112 Cal. 309 ; 118 Cal. 281, 287, 288, 572, 
584 ; 124 Cal. 643 ; 125 Cal. 106 ; 126 Cal. 22, 153 ; 130 
Cal. 495, 634, 636, 637; 133 Cal. 105; 137 Cal. 579, 621, 
629 ; 141 Cal. 49 ; 142 Cal. 650 ; 144 Cal. 212 ; 150 Cal. 
175; 151 Cal. 273, 275. 279; 154 Cal. 322; 155 Cal. 320; 
157 Cal. 75, 79; 160 Cal. 299; 162 Cal. 717; 166 Cal. 
658, 661, 688; 1 Cal. App. 444; 2 Cal. App. 560; 5 Cal. 
App. 730 ; 10 Cal. App. 381 ; 19 Cal. App. 134 ; 24 Cal. 
App. 2G6 ; 23 Cal. App. 273 ; 19 Cal. App. D?c. 182. 

No imprisonment for debt. 

Sec. 15. No person shall be imprisoned for debt in airy civil 
action, on mesne or final process, unless in cases of fraud, nor 
in civil actions for torts, except in cases of wilful injury to 
person or property ; and no person shall be imprisoned for a 
militia fine in time of peace. [Constitution of 1849, Art. I, §15] 

67 Cal. 216; 80 Cal. 212; S6 Cal. 71; 134 Cal. 601: 

138 Cal. 250 ; 19 Cal. App. Dec. 678. 

Bill of attainder — Ex post facto law — Obligation of contract. 

Sec. 16. No bill of attainder, ex post facto law, or laAv 
impairing the obligations of contracts, shall ever be passed. 
[Constitution of 1849, Art. I, § 16] 

54 Cal. 41 ; 59 Cal. 288 ; 65 Cal. 67, 383 ; 68 Cal. 91, 428 ; 

72 Cal. 466 ; 74 Cal. 224 ; 79 Cal. 183, 537 ; 85 Cal. 81 ; 

89 Cal. 3S7; 93 Cal. 427; 104 Cai. 448; 116 Cal. 340. 

523; 117 Cal. 140; 119 Cal. 160; 146 Cal. 610, 024: 

162 Cal. 233; 166 Cal. 638; 19 Cal. App. Dec. 94. 



ABT. I, § 17 CONSTITUTION OF CALIFORNIA. 2.") 

Rights of aliens. 

Sec. 17. Foreigners, of the white race, or of African descent, 

eligible to become citizens of the United States under the natural- 
ization laws thereof, while bona fide residents of this State, shall 
have the same rights in respect to the acquisition, possession, 
enjoyment, transmission, and inheritance of all property, other 
than real estate, as native born citizens: provided, that such 
aliens owning real estate at the time of the adoption of this 
amendment may remain such owners: and provided, further, 
that the Legislature may. by statute, provide for the disposition 
of real estate which shall hereafter be acquired by such aliens 
by descent or devise. [Amendment adopted November 6, 1S94\ 

Original test. — Sec. 17. Foreigners of the white race, or of 
African descent, eligible to become citizens of the United States 
under the naturalization laws thereof, while bona fide residents 
of this State, shall have the same rights in respect to the 
acquisition, possession, enjoyment, transmission and inheritance 
of property as native born citizens. [Constitution of 1S49, 
Art I. § 17] 

13 Cal, 160; 01 Cal. 3oS : 05 Cal. 593, 594, 595; 67 Cal. 

382, 386; 68 Cal. 50; 70 Cal. 153, 155; 127 Cal. 434, 

437 : 158 Cal. 325. 

Slavery prohibited. 

Sec. 18. Neither slavery nor involuntary servitude, unless 
for the punishment of crime, shall ever be tolerated in this 
State. [Constitution of 1S49. Art. I, § IS] 

Unreasonable seizure and search — Warrant. 

Sec. 19. The right of the people to be secure in their persons, 
horses, papers and effects, against unreasonable seizures and 
hes, shall not be violated; and no warrant shall issue but 
<m probable cause, supported by oalh or affirmation, particularly 
describing the place to be searched and the person and things 
to be seized. [Constitution of 1849, Art. I, § 19] 

OS Cal. 284, 288; 73 Cal. 408; 105 Cal. 000, 015; 12G 
Cal. 238; 155 Cal. 540: 15 Cal. App. 285; 23 Cal. 
A pp. 665; 19 Cal. App. Dec. 430. 

Treason. 

Sec. 2<>. Treason against the State shall consist only in 
levying war against it, adhering to its enemies, or giving them 
aid and comfort. No person shall If convicted of treason unless 
2— 1573«; 



20 CONSTITUTION OF CALIFORNIA. ART. I, § 21 

on the evidence of two witnesses to the same overt act, or con- 
fession in open court. [Constitution of 1849, Art. I, § 20] 
68 Cal. 180, 181 ; 144 Cal. 173. 

Privileges and immunities. 

Sec. 21. No special privileges or immunities shall ever be 
granted which may not be altered, revoked, or repealed by the 
Legislature, nor shall any citizen, or class of citizens, be granted 
privileges or immunities which, upon the same terms, shall not 
be granted to all citizens. 

60 Cal. 189; 62 Cal. 539; 65 Cal. 35; 69 Cal. 151; 72 
Cal. 389; 73 Cal. 371, 375; 83 Cal. 396, 412; 110 Cal. 
652 ; 112 Cal. 471 ; 114 Cal. 496 ; 118 Cal. 5 ; 127 Cai. 7 ; 
129 Cal. 343; 134 Cal. 55, 59; 137 Cal. 481; 143 Cal. 
414, 573 ; 144 Cal. 173 ; 148 Cal. 265 ; 149 Cal. 400 ; 151 
Cal. 334 ; 152 Cal. 233 ; 154 Cal. 330 ; 156 Cal. 74 ; 157 
Cal. 55; 162 Cal. 590, 691; 164 Cal. 568; 6 Cal. App. 
237, 240, 241 ; 8 Cal. App. 535 ; 12 Cal. App. 405 ; 18 
Cal. App. 25 ; 24 Cal. App. 89 ; 19 Cal. App. Dec. 456, 
457 (holding invalid §2289 of Pol. Code). 

Constitution mandatory. 

Sec. 22. The provisions of this Constitution are mandatory 

and prohibitory, unless by express words they are declared to 

be otherwise. 

54 Cal. 247 ; 56 Cal. 655 ; 57 Cal. 609 ; 65 Cal. 271 ; 69 
Cal. 485, 492, 502, 512; 83 Cal. 403, 494; 86 Cal. 50; 
92 Cal. 316 ; 94 Cal. 608 ; 104 Cal. 351 ; 115 Cal. 54S ; 

128 Cal. 247; 129 Cal. 403; 132 Cal. 219; 134 Cal. 296; 
144 Cal. 387 ; 147 Cal. 582 ; 160 Cal. 40, 41 ; 164 Cal. 
710 ; 166 Cal. 587 ; 9 Cal. App. 159. 

Rights reserved. 

Sec. 23. This enumeration of rights shall not be construed 
to impair or deny others retained by the people. [Constitution 
of 1849, Art. I, § 21] 

129 Cal. 347. 

No property qualification of electors. 

Sec. 24. No property qualification shall ever be required for 
any person to vote or hold office. 

92 Cal. 321; 117 Cal. 123; 123 Cal. 25; 155 Cal. 389. 

789 ; 160 Cal. 355. 



ART. 11. §1 CONSTITUTION OF CALIFORNIA. _i 

Right to fish. 

Sec. 25. The people shall have the right to fish upon and 
from public lands of the State and in the waters thereof, except- 
ing upon lands set aside for tish hatcheries, and no land owned 
by the State shall ever be sold or transferred without reserving 
in the people the absolute right to fish thereupon; and no law 
shall ever be passed making it a crime for the people to enter 
upon the public lands within this State for the purpose of fishing 
in any water containing fish that have been planted therein by 
the State: provided, that the Legislature may by statute, provide 
for the season when and the conditions under which the different 
species of fish may be taken. [New section adopted Novem- 
ber S. 1910] 

24 Cal. App. 34(1. 341. 342. 

ARTICLE II. 

RIGHT OF SUFFRAGE. 

S iicx 1. Every native citizen of the United States, every 
■n who shall have acquired the rights of citizenship under 
or by virtue of the treaty of Queretaro, and every naturalized 
citizen thereof, who shall have become such ninety days prior to 
any election, of the age of twenty-one years, who shall have been 
resident of the State one year next preceding the election, and 
of the county in which he or she claims his or her vote ninety 
days, and in the election precinct thirty days, shall be entitled 
to vote at all elections which are now or may hereafter be 
authorized by law ; provided, no native of China, no idiot, no 
insane person, no person convicted of any infamous crime, no 
person hereafter convicted of the embezzlement or misappropria- 
tion of public money, and no person who shall not be able to 
read the Constitution in the English language and write his or 
her name shall ever exercise the privileges of an elector in this 
State; provided, that the provisions of this amendment relative 
to an educational qualification shall not apply to any person 
prevented by a physical disability from complying with its 
requisitions, nor to any person who now has the right to vote, 
nor to any person who shall be sixty years of age and upwards 
at the time this amendment shall take effect. [Amendment 
adoptr,] October 10. mil] 

165 Cal. 77^. native woman, by marrying alien, loses 
citizenship. 



28 CONSTITUTION OF CALIFORNIA, ART. II, § 1 

Amendment of 189If. — Section 1. Every native male citizen 
of the United States, every male person who shall have acquired 
the rights of citizenship under or by virtue of the treaty of 
Queretaro, and every male naturalized citizen thereof, who shall 
have become such ninety days prior to any election, of the age 
of twenty-one years, who shall have been resident of the State 
one year next preceding the election, and of the county in 
which he claims his vote ninety days, and in the election 
precinct thirty days, shall be entitled to vote at all elections 
which are now or may hereafter be authorized by law ; provided, 
no native of China, no idiot, no insane person, no person con- 
victed of any infamous crime, no person hereafter convicted of 
the embezzlement or misappropriation of public money, and no 
person who shall not be able to read the Constitution in the 
English language and write his name, shall ever exercise the 
privileges of an elector in this State ; provided, that the pro- 
visions of this amendment relative to an educational qualifica- 
tion shall not apply to any person prevented by a physical 
disability from complying with its requisitions, nor to any per- 
son who now has the right to vote, nor to any person who shall 
be sixty years of age and upwards at the time this amendment 
shall take effect. [Adopted November 6, 189.'/] 

23 Cal. App. 471, 475, educational test. 

Original text. — Section 1. Every native male citizen of the 
United States, every male person who shall have acquired the 
rights of citizenship under or by virtue of the treaty of Queretaro, 
and every male naturalized citizen thereof, who shall have 
become such ninety days prior to any election, of the age of 
twenty-one years, who shall have been a resident of the State 
one year next preceding the election, and of the county in which 
he claims his vote ninety days, and in the election precinct 
thirty days, shall be entitled to vote at all elections which are 
now or may hereafter be authorized by law ; provided, no native 
of China, no idiot, insane person, or person convicted of any 
infamous crime, and no person hereafter convicted of the 
embezzlement or misappropriation of public money, shall ever 
exercise the privileges of an elector in this State. [Constitution 
of 1849, Art. II, § 1, 5] 

78 Cal. 568; 83 Cal. 81; 91 Cal. 467; 92 Cal. 321; 
117 Cal. 123; 120 Cal. 374, 377; 127 Cal. 88 ; 136 Cal. 
451 ; 145 Cal. 341 ; 146 Cal. 513 ; 151 Cal. 603 ; 152 Cal. 
231, 232 ; 7 Cal. App. 413. 

Privilege of electors. 

Sec. 2. Electors shall in all cases, except treason, felony, or 
breach of the peace, be privileged from arrest on the days of 
election, during their attendance at such election, going to and 
returning therefrom. [Constitution of 1S49, Art. II, § 21 



ART. IT. § 2| CONSTITUTION OF CALIFORNIA. 20 

Primary elections. 

Sec. -L The Legislature shall have the power lo euact 
laws relative i<> the election of delegates to conventions of 

political parties: and the Legislature shall enact laws providing 
for the direct nomination of candidates fev public office, by 
electors, political parties, or organizations of electors without 
conventions, at elections to be known and designated as primary 
elections ; also to determine the tests and conditions upon which 
electors, political parties, or organizations of electors may par- 
ticipate in any such primary election. It shall also be lawful 
for the Legislature to prescribe that any such primary election 
shall be mandatory and obligatory. The Legislature shall also 
have the power to establish the rates of compensation for pri- 
mary election officers serving at such primary elections in any 
city, or city and county, or county, or other subdivision of a 
designated population, without making such compensation uni- 
form, and for such purpose such law may declare the population 
of any city, city and county, county or political subdivision; 
provided, however, that until the Legislature shall enact a direct 
primary election law under the provisions of this section, the 
present primary election law shall remain in force and effect. 
[Amendment adopted November 3, 1908] 

155 Cal. ISO et seq.; 48 Cal. Dec. 197, 198. 

New section of 1900. — Sec. 2h The Legislature shall have 
the power to enact laws relative to the election of delegates to 
conventions of political parties at elections known and desig- 
nated as primary elections. Also to determine the tests and 
conditions upon which electors, political parties, or organiza- 
tions of voters, may participate in any such primary election, 
which tests or conditions may be different from the tests and 
conditions required and permitted at other elections authorized 
by law : or the Legislature may delegate the power to determine 
such tests or conditions, at primary elections, to the various 
political parties participating therein. It shall also be lawful 
for the Legislature to prescribe that any such primary election 
law shall be obligatory and mandatory in any city, or any city 
and county, or in any county, or in any political subdivision, 
of a designated population, and that such law shall be optional 
in any city, city and county, county, or political subdivision of 
a lesser population, and for such purpose such law may declare 
the population of any city, city and county, county, or political 
subdivision, and may also provide what, if any, compensation 
primary election officers in defined places or political subdivisions 
may receive, without making compensation either general or 
uniform. [Adopted November 6, 7900] 

120 Cal. 379; 140 Cal. 316; 151 Cal. 002, 605; 152 

Cal. 434. 



30 CONSTITUTION OF CALIFORNIA. ART. II, § 3 

Military duty on election day. 

Sec. 3. No elector shall be obliged to perform militia duty 
on the day of election, except in time of Avar or public danger. 
[Constitution of 1849, Art. II, § 3] 

When residence not gained nor lost. 

Sec. 4, For the purpose of voting, no person shall be deemed 
to have gained or lost a residence by reason of his presence or 
absence while employed in the service of the United States ; 
nor while engaged in the navigation of the waters of this State, 
or of the United States, or of the high seas ; nor while a student 
at any seminary of learning ; nor while kept in any almshouse 
or other asylum, at public expense ; nor while confined in any 
public prison. [Constitution of 1849, Art. II, § 4] 
105 Cal. 462. 

Manner of voting — Secrecy. 

Sec. 5. All elections by the people shall be by ballot or by 
such other method as may be prescribed by law ; provided, that 
secrecy in voting be preserved. [Amendment adopted Novem- 
ber 3, 1896] 

146 Cal. 316; 154 Cal. 282. 

Original text. — Sec. 5. All elections by the people shall be 
by ballot. [Constitution of 1849, Art. II, § 6] 

Different methods of voting in different sections. 

Sec. 6. The inhibitions of this Constitution to the contrary 
notwithstanding, the Legislature shall have power to provide 
that in different parts of the State different methods may be 
employed for receiving and registering the will of the people 
as expressed at elections, and may provide that mechanical 
devices may be used within designated subdivisions of the State 
at the option of the local authority indicated by the Legislature 
for that purpose. [New section adopted November 4, 1902] 

ARTICLE III. 

DISTRIBUTION OF POWERS. 

Section 1. The powers of the government of the State of 
California shall be divided into three separate departments — 
the legislative, executive, and judicial ; and no person charged 
with the exercise of powers properly belonging to one of these 
departments shall exercise any functions appertaining to either 



AKT. IV, § 1 CONSTITUTION OF CALIEORNIA. 31 

of the others, except as in this Constitution expressly directed 
or permitted. [Constitution of 1849, Art. Ill, §1] 

5 Cal. 19. 112; S Cal. 15: 10 Cal. 403; 17 Cal. 557; 20 

Cal. 43: 22 Cal. 478: 24 Cal. 126; 29 Cal. 452; 30 Cal. 

167; 33 Cal. 281 : 34 Cal. 522, 525: 4G Cal. 514; 47 Cal. 

053 : 50 Cal. 403 : 52 Cal. 135 ; 58 Ca\ 643, 645 ; 61 Cal. 

323: 68 Cal. 196: 80 Cal. 211, 234; 93 Cal. 414; 101 

Cal. 26: 102 Cal. 470; 106 Cal. 422, 423, 424; 123 Cal. 

527: 126 Cal. 672: 127 Cal. 159; 129 Cal. 602, 604; 

140 Cal. 12 ; 146 Cal. 606, 607 ; 148 Cal. 631 ; 150 Cal. 

318: 151 Cal. 43, 285; 155 Cal. 656; 156 Cal. 501; 157 

Cal. 422. 424: 1 Cal. App. 67; 8 Cal. App. Dec. 609; 

11 Cal. App. 572. 

ARTICLE IV. 

LEGISLATIVE DEPARTMENT. 

Suction 1. The legislative power of this State .shall be 
vested in a Senate and Assembly which shall be designated 
•'The Legislature of the State of California." but the people 
reserve to themselves the power to propose laws and amend- 
ments to the Constitution, and to adopt or reject the same, at 
the polls independent of the Legislature, and also reserve the 
power, at their own option, to so adopt or reject any act. or 
section or part of any act, passed by the Legislature. The 
enacting clause of every law shall be "The people of the State 
of California do enact as follows :". 

The Initiative. 

The first power reserved to the people shall be known as the 
initiative. Upon the presentation to the Secretary of State of a 
petition certified as herein provided to have been signed by 
qualified electors, equal in number to eight per cent of all the 
votes cast for all candidates for Governor at the last preceding 
general election, at which a Governor was elected, proposing a 
law or amendment to the Constitution, set forth in full in said 
petition, the Secretary of State shall submit the said proposed 
law or amendment to the Constitution to the electors at the next 
succeeding general election occurring subsequent to ninety days 
after the presentation aforesaid of said petition, or at any 
special election called by the Governor in his discretion prior to 
such general election. All such initiative petitions shall have 
printed across the top thereof in twelve point black-face type the 



32 CONSTITUTION OF CALIFORNIA. ART. IV, § 1 

following: "Initiative measure to be submitted directly to the 
electors." 

Upon the presentation to the Secretary of State, at any time 
not less than ten days before the commencement of any regular 
session of the Legislature, of a petition certified as herein pro- 
vided to have been signed by qualified electors of the State equal 
in number to five per cent of all the votes cast for all candidates 
for Governor at the last preceding general election, at which a 
Governor was elected, proposing a law set forth in full in said 
petition, the Secretary of State shall transmit the same to the 
Legislature as soon as it convenes and organizes. The law pro- 
posed by such petition shall be either enacted or rejected with- 
out change or amendment by the Legislature, within forty days 
from the time it is received by the Legislature. If any law 
proposed by such petition shall be enacted by the Legislature it 
shall be subject to referendum, as hereinafter provided. If any 
law so petitioned for be rejected, or if no action is taken upon 
it by the Legislature, within said forty days, the Secretary of 
State shall submit it to the people for approval or rejection at 
the next ensuing general election. The Legislature may reject 
any measure so proposed by initiative petition and propose a 
different one on the same subject by a yea and nay vote upon 
separate roll call, and in such event both measures shall be 
submitted by the Secretary of State to the electors for approval 
or rejection at the next ensuing general election or at a prior 
special election called by the Governor, in his discretion, for 
such purpose. All said initiative petitions last above described 
shall have printed in twelve point black-face type the following : 
"Initiative measure to be presented to the Legislature." 

The Referendum. 

The second power reserved to the people shall be known as the 
referendum. No act passed by the Legislature shall go into effect 
until ninety days after the final adjournment of the session of the 
Legislature which passed such act, except acts calling elections, 
acts providing for tax levies or appropriations for the usual 
current expenses of the State, and urgency measures necessary 
for the immediate preservation of the public peace, health or 
safety, passed by a two-thirds vote of all the members elected to 
each house. Whenever it is deemed necessary for the immediate 
preservation of the public peace, health or safety that a law 
shall go into immediate effect, a statement of the facts constitut- 
ing such necessity shall be set forth in one section of the act, 



Art. IV, § 1 constitution of California. 33 

which section shall be passed only upon a yea and nay vote, upon 
a separate roll call thereon : provided, however, that no measure 
creating or abolishing any office or changing the salary, term or 
duties of any officer, or granting any franchise or special privi- 
lege, or creating any vested right or interest, shall be construed 
to he an urgency measure. Any law so passed by the Legislature 
and declared to be an urgency measure shall go into immediate 
effect. 

Upon the presentation to the Secretary of State within ninety 
days after the final adjournment of the Legislature of a peti- 
tion certified as herein provided, to have been signed by qualified 
electors equal in number to five per cent of all the votes cast 
for all candidates for Governor at the last preceding general 
election at which a Governor was elected, asking that any act 
or section or part of any act of the Legislature be submitted 
to the electors for their approval or rejection, the Secretary of 
State shall submit to the electors for their approval or rejection, 
such act, or section or part of such act, at the next succeeding 
general election occurring at any time subsequent to thirty days 
after the filing of said petition or at any special election which 
may be called by the Governor, in his discretion, prior to such 
regular election, and no such act or section or part of such act 
shall go into effect until and unless approved by a majority of 
the qualified electors voting thereon ; but if a referendum peti- 
tion is filed against any section or part of any act the remainder 
of such act shall not be delayed from going into effect. 

Miscellaneous Provisions. 

Any act. law or amendment to the Constitution submitted to 
the people by either initiative or referendum petition and 
approved by a majority of the votes cast thereon, at any election, 
shall take effect five days after the date of the official declaration 
of the vote by the Secretary of State. No act, law or amend- 
ment to the Constitution, initiated or adopted by the people, shall 
be subject to the veto power of the Governor, and no act. law or 
amendment to the Constitution, adopted by the people at the polls 
under the initiative provisions of this section, shall be amended or 
repealed except by a vote of the electors, unless otherwise pro- 
vided in said initiative measure ; but acts and laws adopted by 
the people under the referendum provisions of this section may be 
amended by the Legislature at any subsequent session thereof. 
If any provision or provisions of two or more measures, approved 
by the electors at the same election, conflict, the provision or 



34 CONSTITUTION OF CALIFORNIA. ART. IV, § 1 

provisions of the measure receiving the highest affirmative vote 
shall prevail. Until otherwise provided by law, all measures 
submitted to a vote of the electors, under the provisions of this 
section, shall be printed, and together with arguments for and 
against each such measure by the proponents and opponents 
thereof, shall be mailed to each elector in the same manner as 
now provided by law as to amendments to the Constitution, 
proposed by the Legislature ; and the persons to prepare and 
present such arguments shall, until otherwise provided by law, 
be selected by the presiding officer of the Senate. 

If for any reason any initiative or referendum measure, pro- 
posed by petition as herein provided, be not submitted at the 
election specified in this section, such failure shall not prevent 
its submission at a succeeding general election, and no law or 
amendment to the Constitution, proposed by the Legislature, 
shall be submitted at any election unless at the same election 
there shall be submitted all measures proposed by petition of 
the electors, if any be so proposed, as herein provided. 

Any initiative or referendum petition may be presented in 
sections, but each section shall contain a full and correct copy 
of the title and text of the proposed measure. Each signer shall 
add to his signature his place of residence, giving the street 
and number if such exist. His election precinct shall also 
appear on the paper after his name. The number of signatures 
attached to each section shall be at the pleasure of the person 
soliciting signatures to the same. Any qualified elector of the 
State shall be competent to solicit said signatures within the 
county or city and county of which he is an elector. Each 
section of the petition shall bear the name of the county or city 
and county in which it is circulated, and only qualified electors 
of such county or city and county shall be competent to sign 
such section. Each section shall have attached thereto the 
affidavit of the person soliciting signatures to the same, stating 
his own qualifications and that all the signatures to the attached 
section were made in his presence and that to the best of his 
knowledge and belief each signature to the section is the genuine 
signature of the person whose name it purports to be, and no 
other affidavit thereto shall be required. The affidavit of any 
person soliciting signatures hereunder shall be verified free of 
charge by any officer authorized to administer oaths. Such 
petitions so verified shall be prima facie evidence that the signa- 
tures thereon are genuine and that the persons signing the same 
are qualified electors. Unless and until it be otherwise proven 



AhT. IV. § 1 CONSTITUTION OF CALIFORNIA. e$0 

upon official investigation, it shall be presumed that the petition 
presented contains the signatures of the requisite number of 
qualified electors. 

Each section of the petition shall be filed with the clerk or 
registrar of voters of the county or city and county in which 
ir was circulated, but all said sections circulated in any county 
o: city and county shall be filed at the same time. Within 
twenty days after the tiling of such petition in his office the 
said clerk, or registrar of voters, shall determine from the 
records of registration what number of qualified electors have 
signed the same, and if necessary the board of supervisors shall 
allow said clerk or registrar additional assistants for the pur- 
pose of examining such petition and provide for their com- 
pensation. The said clerk or registrar, upon the completion of 
si;ch examination, shall forthwith attach to said petition, except 
the signatures thereto appended, his certificate, properly dated, 
showing the result of said examination and shall forthwith 
transmit said petition, together with his said certificate, to the 
Secretary of State and also file a copy of said certificate in his 
office. Within forty days from the transmission of the said 
P» tition and certificate by the clerk or registrar to the Secretary 
of State, a supplemental petition identical with the original as 
to the body of the petition but containing supplemental names, 
may be filed with the clerk or registrar of voters, as aforesaid. 
The clerk or registrar of voters shall within ten days after the 
filing of such supplemental petition make like examination 
thereof, as of the original petition, and upon the completion of 
si ch examination shall forthwith attach to said petition his 
<■< rtificate, properly dated, showing the result of said examina- 
tion, and shall forthwith transmit a copy of said supplemental 
petition, except the signatures thereto appended, together with 
his certificate, to the Secretary of State. 

When tli' 1 Secretary of State shad have received from one 
or more county clerks or registrars of voters a petition certified 
as herein provided to have been signed by the requisite number 
of qualified electors, he shall forthwith transmit to the county 
clerk or registrar of voters of every county or city and county 
in the State his certificate showing such fact. A petition shall 
be deemed to be filed with the Secretary of State upon th -> date 
of the receipt by him of a certificate or certificates showing said 
petition to be signed by the requisite number of electors of the 
State. Any county clerk or registrar of voters shall, upon 
receipt of such copy, file the same for record in his o f h>e. The 



30 CONSTITUTION OF CALIFORNIA. ART. IV, § 1 

duties herein imposed upon the clerk or registrar of voters 
shall be performed by such registrar of voters in all cases where, 
the office of registrar of voters exists. 

The initiative and referendum powers of the people are 
hereby further reserved to the electors of each county, city and 
county, city and town of the State, to be exercised under such 
procedure as may be provided by law. Until otherwise pro- 
vided by law, the legislative body of any such county, city and 
county, city or town may provide for the manner of exercising 
the initiative and referendum powers herein reserved to such 
counties, cities and counties, cities and towns, but shall not 
require more than fifteen per cent of the electors thereof to 
propose any initiative measure nor more than ten per cent of 
the electors thereof to order the referendum. Nothing contained 
in this section shall be construed as affecting or limiting the 
present or future powers of cities or cities and counties having 
charters adopted under the provisions of section eight of article 
eleven of this Constitution. In the submission to the electors 
of any measure under this section, all officers shall be guided 
by the general laws of this State, except as is herein otherwise 
provided. This section is self-executing, but legislation may be 
enacted to facilitate its operation, but in no way limiting or 
restricting either the provisions of this section or the powers 
herein reserved. ['Amendment adopted October 10, 1911] 

164 Gal. 325; 167 Cal. 236; 9 Cal. App. 159; 22 Cal. 

App. 249, 250, 483 ; 48 Cal. Dec. 490, 491. 

Original text.- — Section 1. The legislative power of this 
State shall be vested in a Senate and Assembly, which shall be 
designated the Legislature of the State of California ; and the 
enacting clause of every law shall be as follows : "The people 
of the State of California, represented in Senate and Assembly, 
do enact as follows." [Constitution of 1849. Art. IV, § 1] 

56 Cal. 100 ; 63 Cal. 21 ; 72 Cal. 466 ; 79 Cal. 176 ; 92 
Cal. 296, 307 ; 96 Cal. 291 ; 119 Cal. 428 ; 145 Cal. 686 ; 
151 Cal. S03; 152 Cal. 236, 237; 166 Cal. 605. 

Time and duration of sessions of Legislature. 

Sec. 2. The sessions of the Legislature shall be biennial, 
unless the Governor shall, in the interim, convene the Legisla- 
ture, by proclamation, in extraordinary session. All sessions, 
other than extraordinary, shall commence at twelve o'clock M., 
on the first Monday after the first clay of January next suc- 
ceeding the election of its members, and shall continue in session 



Art. IV. § 2 constitution or California. 37 

for a period not exceeding thirty days thereafter; "whereupon a 
recess of both houses must be taken for not less than thirty 
days. On the reassembling of the Legislature, no bill shall be 
introduced in either house without the consent of three fourths 
of the members thereof, nor shall more than two bills be intro- 
duced by any one member after such reassembling. [Amend- 
ment adopted October 10, 1911] 

Amendment of 1908. — Sec. 2. The sessions of the Legislature 
shall commence at twelve o'clock M. on the first Monday after 
the first day of January next succeeding the election of its 
members, and after the election held in the year eighteen hundred 
and eighty shall be biennial, unless the Governor shall, in the 
interim, convene the Legislature by proclamation. No bill shall 
be introduced in either house forty days after the commencement 
of each session without the consent of three fourths of the mem- 
bers thereof. [Adopted November 3. 1008] 

Original text. — Sec. 2. The sessions of the Legislature shall 
commence at twelve o'clock M. on the first Monday after the 
first day of January next succeeding the election of its mem- 
bers, and after the election held in the year eighteen hundred 
and eighty shall be biennial, unless the Governor shall, in the 
interim, convene the Legislature by proclamation. No pay shall 
be allowed to members for a longer term than sixty days, except 
for the first session after the adoption of this Constitution, for 
which they may be allowed pay for one hundred days. And no 
bill shall lie introduced in either house after the expiration of 
ninety days from the commencement of the first session, nor 
after fifty days after the commencement of each succeeding 
»n, without the consent of two thirds of the members 
thereof. [Constitution of 1849. Art. IV, §2] 

56 Cal. 101: 96 Cal. 291; 114 Cal. 114; 130 Cal. 88; 
14(3 Cal. 607. 

Election of members of Assembly. 

v . 3. Members of the Assembly shall be elected in the 
year eighteen hundred and seventy-nine, at the time and in the 
manner now provided by law. The second election of members 
of the Assembly, after the adoption of this Constitution, shall 
be on the first Tuesday after the first Monday in November, 
eighteen hundred and eighty. Thereafter members of the 
iibly shall be chosen biennially, and their term of office 
shall be two years : and each election shall be on the first Tues- 
day after the first Monday in November, unless otherwise 
ordered by the Legislature. [Constitution of 1849, Art. IV, § 3] 

", Cal. 022: 56 Cal. 100; 58 Cal. o60 ; 96 Cal. 291: 

114 Cal. 169. 



3S CONSTITUTION OF CALIFORNIA. ART. IV, § 4 

Term of Senators — Qualifications of members of Legislature. 

Sec. 4. Senators shall be chosen for the term of foiir years, 
at the same time and places as members of the Assembly, and 
no person shall be a member of the Senate or Assembly who has 
not been a citizen and inhabitant of the State three years, and 
of the district for which he shall be chosen one year, next before 
his election. [Constitution of 1849, Art. IV, §§4, 5] 

55 Cal. 622 ; 56 Cal. 100 ; 74 Cal. 553 ; 96 Cal. 264, 291. 

Number of Senators and Assemblymen. 

Sec. 5. The Senate shall consist of forty members, and the 
Assembly of eighty members, to be elected by districts, num- 
bered as hereinafter provided. The seats of the twenty Senators 
elected in the year eighteen hundred and eighty-two from the 
odd-numbered districts shall be vacated at the expiration of the 
second year, so that one half of the Senators shall be elected 
every two years ; provided, that all the Senators elected at the 
first election under this Constitution shall hold office for the 
term of three years. [Constitution of 1849, Art. IV, § 6] 
65 Cal. 578 ; 96 Cal. 291, 296. 

Senatorial and Assembly districts. 

Sec 6. For the purpose of choosing members of the Legis- 
lature, the State shall be divided into forty senatorial and eighty 
assembly districts, as nearly equal in population as may bo, and 
composed of contiguous territory, to be called senatorial and 
assembly districts. Each senatorial district shall choose one 
Senator, and each assembly district shall choose one Member 
of Assembly. The senatorial districts shall be numbered from 
one to forty, inclusive, in numerical order, and the assembly 
districts shall be numbered from one to eighty in the same 
order, commencing at the northern boundary of the State and 
ending at the southern boundary thereof. In the formation of 
such districts no county, or city and county, shall be divided, 
unless it contains sufficient population within itself to form two 
or more districts, nor shall a part of any countj r , or of any city 
and county, be united with any other county, or city and 
county, in forming any district. The census taken under the 
direction of the Congress of the United States in the year one 
thousand eight hundred and eighty, and every ten years there- 
after, shall be the basis of fixing and adjusting the legislative 
districts; and the Legislature shall, at its first session after each 



Art. IV. § 7 constitution of California. 39 

census, adjust such districts and reapportion the representation 
bo as ro preserve them as near equal in population as may be. 
But in making such adjustment no persons who are not eligible 
to become citizens of the United States, under the naturaliza- 
tion laws, shall be counted as forming a part of the population 
of any district. Until such districting as herein provided for 
shall be made. Senators and Assemblymen shall be elected by 
the districts according to the apportionment now provided for 
by law. [Constitution of 1849, Art. I, § 14 ; Art. IV, §§ 28, 29 ; 
Schedule, § 14] 

5S Cal. 400; 65 Cal. 579. 5S0 ; 96 Cal. 290, 291, 293, 
296: 117 Cal. 372: 122 Cal. 119; 152 Cal. 235, 236, 
237. 

Choice of officers — Qualifications of members. 

Sec. 7. Each house shall choose its officers, and judge of 
the qualifications, elections, and returns of its members. [Con- 
stitution of 1S49. Art. IV, § S] 

82 I Jal. 239, 240, 244 ; 156 Cal. 474 ; 164 Cal. 57. 

Quorum — Compelling attendance. 

Sec. S. A majority of each house shall constitute a quorum 
to do business, but a smaller number may adjourn from day 
to day, and may compel the attendance of absent members in 
such manner and under such penalties as each house may pro- 
vide. [Constitution of 1S49, Art. IV, § 9] 

Each house determines procedure — Expulsion. 

Sec. 9. Each house shall determine the rule of its proceeding, 
and may, with the concurrence of two thirds of all the members 
elected, expel a member. [Constitution of 1849, Art. IV, § 10] 
14»; Cal. 606, 610. 

Journal. 

Sec. 10. Each house shall keep a journal of its proceedings, 
and publish the same ; and the yeas and nays of the members of 
either house, on any question, shall, at the desire of any three 
members present, be entered on the journal. [Constitution of 
1S49, Art. IV, § 11] 

99 Cal. 493, 495, 512: 80 Cal. 213; 160 Cal. 760. 

Privilege of members. 

Sec. 11. Members of the Legislature shall, in all cases, 
••xr-f-pt treason, felony, and breach of the peace, be privileged 



40 CONSTITUTION OF CALIFORNIA. ABT. IV, § 11 

from arrest, and shall not be subject to any civil process during 
the session of the Legislature, nor for fifteen days next before 
the commencement and after the termination of each session. 
[Constitution of 1849, Art. IV, § 121 

Filling vacancies. 

Sec. 12. When vacancies occur in either house, the Gov- 
ernor, or the person exercising- the functions of the Governor, 
shall issue writs of election to fill such vacancies. [Constitution 
of 1849, Art. IV, § 13] 

Open sessions. 

Sec. 13. The doors of each house shall be open, except on 
such occasions as, in the opinion of the house, may require 
secrecy. [Constitution of 1849, Art. IV, § 14] 

Adjournment for more than three days. 

Sec. 14. Neither house shall, without the consent of the 
other, adjourn for more than three days, nor to any place other 
than that in which they may be sitting. Nor shall the members 
of either house draw pay for any recess or adjournment for a 
longer time than three days. [Constitution of 1849, Art. IV, 
§15] 

Passage of bills. 

Sec. 15. No law shall be passed except by bill. Nor shall 
any bill be put upon its final passage until the same, with the 
amendments thereto, shall have been printed for the use of the 
members ; nor shall any bill become a law unless the same be 
read on three several days in each house, unless, in case of 
urgency, two thirds of the house where such bill may be pend- 
ing, shall, by a vote of yeas and nays, dispense with this pro- 
vision. Any bill may originate in either house, but may be 
amended or rejected by the other ; and on the final passage of 
all bills they shall be read at length, and the vote shall be by 
yeas and nays upon each bill separately, and shall be entered on 
the journal, and no bill shall become a law without the con- 
currence of a majority of the members elected to each house. 
[Constitution of 1849, Art. IV, § 16] 

54 Cal. Ill, 112; 67 Cal. 630, 631; 69 Cal. 512, 513; 
72 Cal. 467 ; 79 Cal. 173 ; 80 Cal. 215 ; 85 Cal. 336, 337, 
341, 342; 86 Cal. 50; 100 Cal. 419, 421; 114 Cal. 584: 
121 Cal. 267; 145 Cal. 688; 158 Cal. 84; 23 Cal. App. 
581. 



AUT. IV, 5 16 CONSTITUTION OF CALIFORNIA. 41 

Bills to be presented to Governor — Veto — Procedure. 

Sec. 16. Every bill which may have passed the Legislature 
shall, before it becomes a law, be presented to the Governor. 
If he approve ir. he shall sign it: but if not, he shall return it. 
with his objections, to the house in which it originated, which 
shall enter such objections upon the journal and proceed to 
reconsider it. If after such reconsideration, it again pass both 
houses, by yeas and nays, two thirds of the members elected to 
each house voting therefor, it shall become a law, notwith- 
standing the Governor's objections. If any bill shall not be 
returned within ten days after it shall have been presented to 
him (Sundays excepted), the same shall become a law in like 
manner as if he had signed it, unless the Legislature, by adjourn- 
ment, prevents such return, in which case it shall not become 
a law. unless the Governor, within thirty days after such 
adjournment (Sundays excepted), shall sign and deposit the 
same in the office of the Secretary of State, in which case it 
shall become a law in like manner as if it had been signed by 
him before adjournment. If any bill presented to the Governor 
contains several items of appropriation of money, he may object 
to one or more items, while approving other portions of the 
bill. In such case he shall append to the bill at the time of 
signing it. a statement of the items to which he objects, and 
the reasons therefor, and the appropriation so objected to shall 
not take effect unless passed over the Governor's veto, as herein- 
before provided. If the Legislature be in session, the Governor 
shall transmit to the house in which the bill originated a copy 
of such statement, and the items so objected to shall be sepa- 
rately reconsidered in the same manner as bills which have been 
disapproved by the Governor. [Amendment adopted Xovemoer 3, 
1908] 

Original text.— Sec. 16. Every bill which may have passed 
the Legislature shall, before it becomes a law. be presented to 
the Governor. If he approve it. he shall sign it; but if not, he 
shall return it. with his objections, to the house in which it 
originated, which shall enter such objections upon the journal 
and proceed to reconsider it. If. after such reconsideration, it 
again passes both houses, by yeas and nays, two thirds of the 
members elected to each house voting therefor, it shall become 
a law. notwithstanding the Governor's objections. If any bill 
shall not be returned within ten days after it shall have been 
presented to him (Sundays excepted), the same shall become a 
law in like manner as if he had signed it, unless the Legislature, 
by adjournment, prevent such return, in which case it shall not 
me a law. unless the Governor, within ten days after such 



42 CONSTITUTION OF CALIFORNIA. ART. IV, § 17 

adjournment (Sundays excepted), shall sign and deposit the 
same in the office of the Secretary of State, in which case it 
shall become a law in like manner as if it had been signed by 
him before adjournment. If any bill presented to the Governor 
contains several items of appropriation of money, he may object 
to one or more items, while approving other portions of the bill. 
In such case he shall append to the bill, at the time of signing 
it, a statement of the items to which he objects, and the reasons 
therefor, and the appropriations so objected to shall not take 
effect unless passed over the Governor's veto, as hereinbefore 
provided. If the Legislature be in session, the Governor shall 
transmit to the house in which the bill originated a copy of such 
statement, and the items so objected to shall be separately 
reconsidered in the same manner as bills which have been dis- 
approved by the Governor. [Constitution of 1849, Art. IV, § 17] 

66 Cal. 634 ; 69 Cal. 512, 513 ; 72 Cal. 467 ; 80 Cal. 213 ; 

83 Cal. 494 ; 85 Cal. 337, 341 ; 86 Cal. 50 ; 121 Cal. 267 ; 

148 Cal. 77 ; 156 Cal. 501, 503 ; 160 Cal. 760, 762, 763. 

Impeachment. 

Sec. 17. The Assembly shall have the sole power of impeach- 
ment, and all impeachments shall be tried by the Senate. When 
sitting for that purpose, the Senators shall be upon oath or 
affirmation, and no person shall be convicted without tha con- 
currence of two thirds of the members elected. [Constitution of 
1849, Art. IV, § 18] 

Who may be impeached — Other officers. 

Sec. 18. The Governor, Lieutenant Governor, Secretary of 
State, Controller, Treasurer, Attorney General, Surveyor Gen- 
eral, Chief Justice and Associate Justices of the Supreme Court, 
Judges of the District Court of Appeal, and Judges of the 
Superior Courts, shall be liable to impeachment for any mis- 
demeanor in office ; but judgment in such cases shall extend only 
to removal from office, and disqualification to hold any office of 
honor, trust, or profit under the State ; but the party convicted 
or acquitted shall nevertheless be liable to indictment, trial and 
punishment according to law. All other civil officers shall be 
tried for misdemeanor in office in such manner as the Legis- 
lature may provide. [Amendment adopted October 10, 1911] 

Original text. — Sec. 18. The Governor, Lieutenant-Governor, 
Secretary of State, Controller, Treasurer, Attorney-General, 
Surveyor-General. Chief Justice and Associate Justices of the 
Supreme Court, and Judges of the Superior Courts, shall be 
liable to impeachment for any misdemeanor in office ; but judg- 
ment in such cases shall extend only to removal from office and 
disqualification to hold any office of honor, trust, or profit under 
the State; but the party convicted or acquitted shall, neverthe- 



ART. IV. § 19 CONSTITUTION OF CALIFORNIA. 43 

less, be liable to indictment, trial, and punishment, according to 

law. All other civil officers shall he tried for misdemeanor in 
office in such manner as the Legislature may provide. [Constitu- 
tion of 1849, Art. IV. S 19] 

85 Gal. 040: 10S Cal. 662: US Cal. 4S3 : 122 Cal. 293, 
204: 145 Cal. 37: 147 Cal. 533; 154 Cal. 281 : 161 Cal. 
174: 48 Cal. Dee. 365. 

Senators and Assemblymen ineligible to certain offices. 

Sec. 10. No Senator or Member of Assembly shall, during 
the term for which he shall have been elected, be appoiuted to 
any civil office of profit under this State which shall have been 
created, or the emoluments of which have been increased, during 
such term, except such offices as may be filled by election by the 
people. [Constitution of 1S49. Art. IV. § 20] 
85 Cal. 639 ; 33 Cal. 662. 

Federal officers ineligible to State office — Exceptions. 

Sec. 20. No person holding any lucrative office under the 
United States, or any other power, shall be eligible to any civil 
office of profit under this State; provided, that officers in the 
militia who receive no annual salary, local officers, or post- 
masters whose compensation does not exceed five hundred collars 
per annum, shall not be deemed to hold lucrative offices. [Con- 
stitution of 1S49. Art. IV, § 21] 

61 Cal. 267: 73 Cal. 231, 235: 154 Cal. 281; 2 Cal. 

App. 55. 

Embezzler of public funds ineligible to office. 

Sec. 21. No person convicted of the embezzlement or defal- 
cation of the public funds of the United States, or of any state. 
or of any county or municipality therein, shall ever be eligible to 
any office of honor, trust, or profit under this State, and the 
Legislature shall provide, by law. for the punishment of embez- 
zlement or defalcation as a felony. [Constitution of 1S49. 
Art. IV. §22] 

136 Cal. 445: 154 Cal. 281. 

Public money to be drawn only on warrant — No State aid for 
private institutions — Panama-Pacific International Exposi- 
tion. 
Sec. 22. No money shall be drawn from the treasury but in 
juence of appropriations made by law, and upon warrants 
duly drawn thereon by the Controller; and no money shall ever 
be appropriated or drawn from the state treasury for the pur- 



44 CONSTITUTION OF CALIFORNIA. AST. IV, § 22 

pose or benefit of any corporation, association, asylum, hospital, 
or any other institution not under the exclusive management 
and control of the State as a state institution, nor shall any 
grant or donation of property ever be made thereto by the State , 
provided, that notwithstanding anything contained in this or any 
other section of this Constitution, the Legislature shall have the 
power to grant aid to the institutions conducted for the support 
and maintenance of minor orphans, or half-orphans, or aban- 
doned children, or aged persons in indigent circumstances— such 
aid to be granted by a uniform rule, and proportioned Lo the 
number of inmates of such respective institutions ; provided, 
further, that the State shall have at any time the right to inquire 
into the management of such institution; provided, further, that 
whenever any county, or city and county, or city, or town, shall 
provide for the support of minor orphans, or half-orphans, or 
abandoned children, or aged persons in indigent circumstances, 
such county, city and county, city, or town shall be entitled 
to receive the same pro rata appropriations as may be granted 
to such institutions under church or other control. An accurate 
statement of the receipts and expenditures of public moneys 
shall be attached to and published with the laws at every regular 
session of the Legislature ; provided, however, that for the pur- 
pose of raising five million dollars ($5,000,000), to be used in 
establishing, maintaining, and supporting in the city and county 
of San Francisco, State of California, an exposition in com- 
memoration of the completion of the Panama canal, to be known 
as the Panama-Pacific International Exposition, the State Board 
of Equalization shall, for the fiscal year beginning July 1, 1911, 
and for each fiscal year thereafter, to and including the fiscal 
year beginning July 1, 1914, fix, establish, and levy such an ad 
valorem rate of taxation, as when levied upon all the taxable 
property in the State, after making due allowance for delin- 
quency, shall produce for each of such fiscal years a sum of one 
million two hundred and fifty thousand dollars ($1,250,000). 
The said taxes shall be levied, assessed, and collected upon every 
kind and character of property in the State of California not 
exempt from taxation under the law, and subject to taxation on 
the first day of July, 1910, and in the same manner, and by the 
same method, as other State taxes were levied, assessed, and 
collected under the law, as the same existed on the first day of 
July, 1910. The State Board of Equalization shall each year, 
at the time it determines the amount of revenue required for 



Aul'. IV. § 22 CONSTITUTION OF CALIFORNIA. 45 

other State purposes, determine, fix. and include the rate of 
tax necessary to raise the revenue herein provided for. 

There is hereby created in the State treasury a fund to be 
known as the Panama-Pacific International Exposition fund, and 
all moneys collected pursuant to this provision, after deducting 
the proportionate share of the expense for the collection of the 
sane-, shall be paid into the State treasury, and credited to such 
fund. All moneys so paid into such fund are hereby appropri- 
ated, without reference to fiscal years, for the use. establishment, 
maintenance, and support of said Panama-Pacific International 
Exposition. No tax. license fee, or charge of any kind or char- 
acter shall ever be levied or assessed or charged against any 
property of said Panama-Pacific International Exposition, or 
against any property used as exhibit therein, while being used 
or exhibited in connection therewith. 

There is hereby created a commission to be known as the 
Panama-Pacific International Exposition Commission of the 
State of California, which shall consist of the Governor of said 
State and four other members to be appointed by the Governor, 
by and with the advice and consent of the Senate of said State. 
The Governor shall have the power to fill all vacancies occurring 
at any time in said commission. The members of said commis- 
sion shall receive no compensation and shall hold office until 
such exposition shall have been closed and its affairs settled. 
Said four members of said commission shall be selected from 
different sections of the State, and the appointment thereof shall 
be made by the Governor of the State during the month of 
February, 1911. The commission hereby created shall have the 
exclusive charge and control of all moneys paid into the Panama- 
Pacific International Exposition fund; and provided, further, 
that the Legislature shall pass all laws necessary to carry out 
the provisions of this act. including the times and the manner 
in which and the terms and conditions upon which moneys shall 
be drawn from the State treasury by said commission; where 
contracts and vouchers shall be filed: to whom and how often 
reports shall be made: what disposition shall be made of any 
sum left unexpended or received from the sale of any prjperty 
or buildings purchased or constructed by said commission for the 
use of said exposition, or of any disposition of any building or 
improvement constructed by said commission out of said fund, 
and to provide for the transfer to the general fund of the State 



40 CONSTITUTION OF CALIFORNIA. ART. IV, § 23 

of California of any portion of said Panama-Pacific Interna- 
tional Exposition fund unused. 

The commission herein created is authorized and directed to 
make such proper contracts with the Panama-Pacific Inter- 
national Exposition Company, a corporation organized under the 
laws of the State of California on the 22d day of March, 1910, 
as will entitle the State of California to share proportionately 
with the contributors to the said Panama-Pacific International 
Exposition in the returns from the holding of said exposition at 
the city and county of San Francisco. [Amendment adopted 
November 8, 1910] 

Original text. — Sec. 22. No money shall be drawn from the 
treasury but in consequence of appropriations made by law. 
and upon warrants duly drawn thereon by the Controller ; and 
no money shall ever be appropriated or drawn from the State 
treasury for the use or benefit of any corporation, association, 
asylum, hospital, or any other institution not under the exclusive 
management and control of the State as a State institution, nor 
shall any grant or donation of property ever be made thereto by 
the State ; provided, that notwithstanding anything contained in 
this or any other section of this Constitution, the Legislature 
shall have the power to grant aid to institutions conducted for 
the support and maintenance of minor orphans, or half-orphans, 
or abandoned children, or aged persons in indigent circum- 
stances — such aid to be granted by a uniform rule, and propor- 
tioned to the number of inmates of such respective institutions ; 
provided further, that the State shall have at any time the risrht 
to inquire into the management of such institution ; provided 
further, that whenever any county, or city and county, or city, 
or town shall provide for the support of minor orphans, or half- 
orphans, or abandoned children, or aged persons in indigent 
circumstances, such county, city and county, city, or town shall 
be entitled to receive the same pro rata appropriations as may 
be granted to such institutions under church or other control. 
An accurate statement of the receipts and expenditures of public 
moneys shall be attached to and published with the laws at every 
regular session of the Legislature. [Constitution of 1849, Art. 
IV, § 23] 

61 Cal. 267 ; 69 Cal. 73, 74, 77 ; 71 Cal. 630, 631 ; 77 Cal. 

133, 134 ; 80 Cal. 221 ; 84 Cal. 58 ; 92 Cal. 55 ; 106 Cal. 

116, 119; 114 Cal. 395; 121 Cal. 19; 123 Cal. 151; 

126 Cal. 118 ; 139 Cal. 400 ; 144 Cal. 684 ; 151 Cal. 800 ; 

154 Cal. 129 ; 156 Cal. 504 ; 8 Cal. App. 531, 534 ; 1.9 Cal. 

App. 570, 574; 48 Cal. Dec. 48, 50; 19 Cal. App. Dec. 

455, 459. 
Compensation of members of Legislature — Legislative expenses 
limited. 
Sec. 23. The members of the Legislature shall receive for 
their services the sum of one thousand dollars each for each 



Art. IV. § 23a constitution of California. 47 

regular session, to be paid at such times during the session as 
may be provided by law, and the sum of ten dollars each for 
each day while in attendance at a special or extraordinary ses- 
sion, for a number of days not exceeding thirty ; and mileage to 
be fixed by law, all paid out of the State treasury ; such mileage 
shall not exceed ten cents per mile : and each member shall be 
allowed contingent expenses not exceeding twenty-five dollars 
per member for each regular biennial session. The Legislature 
may also provide for additional help: but in no case shall the 
total expense for officers, employees and attaches exceed the sum 
of five hundred dollars per day for either honse, at any regular or 
biennial session, nor the sum of two hundred dollars per day for 
either house at any special or extraordinary session, nor shall the 
pay of any officer, employee or attache be increased after he is 
elected or appointed. [Amendment adopted Xouembcr 3, 1908] 
15 Cal. App. 302, 303, holding that work done after 
adjournment by "officers, employees and attaches" must 
be paid for out of the sum above limited multiplied by 
the number of days of the session. 

Original text. — Sec. 23. The members of the Legislature shall 
receive for their services a per diem and mileage, to be fixed by 
law. and paid out of the public treasury ; such per diem shall 
not exceed eight dollars, and such mileage shall not exceed ten 
cents per mile, and for contingent expenses not exceeding twenty- 
five dollars for each session. No increase in compensation or 
mileage shall take effect during the term for which the members 
of either house shall have been elected, and the pay of no attache 
shall he increased after he is elected or appointed. [Constitution 
of 1849. Art. IV. § 24 : Schedule. § 15] 

Sec. 23a. The Legislature may also provide for the employ- 
ment of help ; but in no case shall the total expense for officers, 
employees and attaches exceed the sum of five hundred dollars 
per day for either house, at any regular or biennial session, nor 
the sum of two hundred dollars per day for either house at any 
special or extraordinary session, nor shall the pay of any efficer, 
employee or attache be increased after he is elected or appointed. 
\\rir section adopted yovember 3, 1908] 

Act to deal with one subject only — Title — Amendment — English 

language. 

Sec. 24. Every act shall embrace but one subject, which 

subject shall be expressed in its title. But if any subject shall be 

iced in an act which shall not be expressed in its title, such 

-hall be void only as to so much thereof as shall not be 

expressed in its title. No law shall be revised or amended by 



48 CONSTITUTION OF CALIFORNIA. ART. IV, § 24 

reference to its title ; but in such case the act revised or section 
amended shall be reenacted and published at length as revised 
or amended ; and all laws of the State of California, and all 
official writings, and the executive, legislative, and judicial pro- 
ceedings, shall be conducted, preserved, and published in no 
other than the English language. [Constitution of 1849, Art. 
IV, § 25, Art. XI, § 21] 

54 Cal. 574 ; 55 Cal. 492-6 ; 56 Cal. 1 ; 57 Cal. 106, 613 ; 
58 Cal. 565, 624, 635, 638 ; 59 Cal. 554 ; 60 Cal. 1.4, 30 ; 
62 Cal. 601; 65 Cal. 122 ; 74 Cal. 41, 552; 80 Cal. 270; 
84 Cal. 228 ;#8 Cal. 43; 88 Cal. 534; 92 Cal. 503, 651; 
93 Cal. 635 ; 97 Cal. 604 ; 100 Cal. 105, 120; 102 Cal. 31, 
418 ; 103 Cal. 78 ; 109 Cal. 490 ; 111 Cal. 555 ; 112 Cal. 
421 ; 114 Cal. 136, 149, 150 ; 117 Cal. 86 ; 120 Cal. 373 ; 
122 Cal. 79; 123 Cal. 25; 125 Cal. 414; 128 Cal. 668; 
129 Cal. 570, 606 ; 130 Cal. 91, 446 ; 132 Cal. 219 ; 133 Cal. 
76; 134 Cal. 291; 135 Cal. 652; 139 Cal. 463; 140 Cal. 
487 ; 141 Cal. 334, 428 ; 142 Cal. 13 ; 143 Cal. 258, 627 ; 
144 Cal. 344, 387; 146 Cal. 650; 150 Cal. 326; 151 Cal. 
50; 154 Cal. 202, 388, 389; 155 Cal. 113, 384, 658; 
157 Cal. 58, 75; 159 Cal. 511; 161 Cal. 348; 162 Cal. 
202, 232, 691 ; 164 Cal. 567 ; 165 Cal. 210, 211, 344, 747 ; 
167 Cal. 293; 1 Cal. App. 64, 65; 2 Cal. App. 252; 
11 Cal. App. 306 ; 12 Cal. App. 29 ; 18 Cal. App. 27, 61 ; 
19 Cal. App. 602, 606; 20 Cal. App. 154, 515; 22 Cal. 
App. 27, 431 ; 24 Cal. App. 46 ; 19 Cal. App. Dec. 66, 
67, 665. 

Local or special laws prohibited, when. 

Sec. 25. The Legislature shall not pass local or special laws 
in any of the following enumerated cases, that is to say : 

First — Regulating the jurisdiction and duties of Justices of 
the Peace, Police Judges, and of Constables. 

62 Cal. 465 ; 114 Cal. 334 ; 120 Cal. 401 ; 121 Cal. 267 ; 
11 Cal. App. 361. 
Second — For the punishment of crimes and misdemeanors. 

55 Cal. 551 ; 60 Cal. 81, 189 ; 62 Cal. 465 ; 67 Cal. 360, 
361 ; 112 Cal. 471 ; 120 Cal. 304 ; 149 Cal. 399 ; 157 Cal. 
55 ; 1 Cal. App. 149, 199 ; 19 Cal. App. Dec. 66, 67. 



Art. IV. § 25 constitution of California. 49 

Third — Regulating the practice of courts of justice. 

62 Cal. 465; 64 Cal. 46o: 72 Cal. 14; 83 Cal. 396, 402. 
403. 412: 93 Cal. 424; 100 Cal. 120; 105 Cal. 616; 113 
Cal. 512: 117 Cal. 363: 120 Cal. 304; 126 Cal. 230; 
127 Cal. 7: 140 Cal. 480; 142 Cal. 195; 150 Cal. 322; 
166 Cal. 70S: 1 Cal. App. 573: 19 Cal. App. 549; 22 Cal. 
App. 442: 24 Cal. App. 179, ISO: 48 Cal. Dec. 141, 142. 
Fourth — Providing for changing the venue in civil or criminal 
actions. 

62 Cal. 465 : 167 Cal. 76S. 
Fifth — Granting divorces. 

354 Cal. 336. 
Sixth — Changing the names of persons or places. 

123 Cal. 527. 
Seventh — Authorizing the laying out, opening, altering, main- 
raining or vacating roads, highways, streets, alleys* town plots, 
parks, cemeteries, graveyards, or public grounds not owned by the 
State. 

9S Cal. 441 : 114 Cal. 146. 
Eifjhth — Summoning and impaneling grand and petit juries, 
and providing for their compensation. 

Ninth — Regulating county and township business, or the elec- 
tion of county and township officers. 

"> Cal. 622 : 62 Cal. 571 : 65 Cal. 123 ; 84 Cal. 76 ; 94 Cal. 
620 : 98 Cal. 224 : 109 Cal. 335 ; 111 Cal. 102 ; 113 Cal. 
646: 114 Cal. 410; IIS Cal. 306; 148 Cal. 748; 162 Cal. 
590 : 164 Cal. 326. 
Tenth — For the assessment or collection of taxes. 

60 Cal. 28. 31 : 83 Cal. 396, 402, 406 ; 105 Cal. 583 ; 111 
Cal. 564. 569: 119 Cal. 521; 124 Cal. 098; 135 Cal. 518; 
137 Cal. 518: 167 Cal. 291. 
Eleventh — Providing for conducting elections or designating 
the places of voting, except on the organization of new counties. 
55 Cal. 622 ; 81 Cal. 501 ; 100 Cal. 425 ; 111 Cal. 102. 371. 
372: 124 Cal. 698; 152 Cal. 231. 
Twelfth — Affectinjr estates of deceased persons, minors, or 
othpr persons under legal disabilities. 

Thirteenth — Extending the time for the collection of taxes. 

CaL 402. 
Fourteenth — Giving effect to invalid deeds, wills, or other 
instruments. 

150 Cal. 566; 151 Cal. 478. 

3—1 E 



50 CONSTITUTION OF CALIFORNIA. ART. IV, § 25 

Fifteenth — Refunding money paid into the state treasury. 

126 Cal. 117. 
Sixteenth — Releasing or extinguishing, in whole or in part, 
the indebtedness, liability, or obligation of any corporation 
or person to this State, or to any municipal corporation therein. 
126 Cal. 117. 
Seventeenth — Declaring any person of age, or authorizing any 
minor to sell, lease, or incumber his or her property. 

Eighteenth — Legalizing, except as against the State, the un- 
authorized or invalid act of any officer. 
151 Cal. 478. 
Nineteenth — Granting to any corporation, association, or indi- 
vidual any special or exclusive right, privilege, or immunity. 
100 Cal. 120 ; 114 Cal. 496 ; 118 Cal. 306 ; 124 Cal. 698 ; 
143 Cal. 414 ; 154 Cal. 330 ; 155 Cal. 381 ; 8 Cal. App. 
535 ; 18 Cal. App. 25. 
Twentieth — Exempting property from taxation. 

55 Cal. 495 ; 83 Cal. 402 ; 137 Cal. 518 ; 164 Cal. 400. 
Twenty-first — Changing county seats. 

Twenty-second — Restoring to citizenship persons convicted of 
infamous crimes. 

Twenty-third — Regulating the rate of interest on money. 

67 Cal. 360. 
Twenty-fourth — Authorizing the creation, extension, or im- 
pairing of liens. 

83 Cal. 402 ; 127 Cal. 7 ; 151 Cal. 50. 
Twenty-fifth — Chartering or licensing ferries, bridges, or 
roads. 

114 Cal. 496 ; 161 Cal. 674. 
Twenty-sixth — Remitting fines, penalties, or forfeitures. 
Twenty-seventh — Providing for the management of common 
schools. 

55 Cal. 402, 490, 494, 495 ; 104 Cal. 351 ; 124 Cal. 698 ; 
148 Cal. 384, 389. 
Twenty-eighth — Creating offices, or prescribing the powers and 
duties of officers in counties, cities, cities and counties, township, 
election or school districts. 

62 Cal. 465 ; 65 Cal. 123, 291 ; 85 Cal. 413, 414, 416, 417 ; 
95 Cal. 149; 98 Cal. 224; 111 Cal. 102; 113 Cal. 646; 
114 Cal. 410 ; 118 Cal. 305, 306 ; 124 Cal. 698 ; 125 Cal. 
192; 132 Cal. 221; 152 Cal. 231; 164 Cal. 326; 19 Cal. 
App. Dec. 580. 



Art. IV, § 25 constitution of California. 51 

Twenty-ninth — Affecting the fees or salary of any officer. 

62 Cal. 465; (',4 Cal. 104; 65 Cal. 123; OS Cal. 145, 146; 

76 Cal. 44.'.: 85 Cal. 596; 89 Cal. 523: !)i> Cal. GOG; 103 

Cal. 35)5; 104 Cal. 044. 649; 111 Cal. 569; 113 Gal. 

045: 115 Cal. 549; 118 Cal. 300; 120 Cal. 37; 129 Cal. 

012: 144 Cal. 269; 104 Cal. 320. 
Thirtieth — Changing the law of descent or succession. 
Thirty- fir st — Authorizing the adoption or legitimation of chil- 
dren. 

Thirty-second — For limitation of civil or criminal actions. 
Thirty-third — In all other cases where a general law can be 
made applicable. 

55 Cal. 490, 491, 495 ; SI Cal. 49S ; S4 Cal. 76 ; 91 Cal. 

249: 94 Cal. 620: 100 Cal. 120; 109 Cal. 497; 111 Cal. 

371. 372. 509 ; 112 Cal. 471 ; 114 Cal. 410 ; 117 Cal. 3G3 ; 

US Cal. 30G. 404: 119 Cal. 523; 124 Cal. 698; 126 Cal. 

230 ; 127 Cal. 7, 6S4 ; 130 Cal. 134 ; 132 Cal. 221 ; 140 

Cal. 4S7; 144 Cal. 209; 14S Cal. 748; 149 Cal. 399; 

150 Cal. 322: 152 Cal. 231: 160 Cal. 302; 1 Cal. App. 

573 : 6 Cal. App. 240 : S Cal. App. 533, 542 ; 19 Cal. App. 

540: 48 Cal. Dec. 141. 142. 

General. 

55 Cal. 490. 493, 552, 618; 57 Cal. 613; 58 Cal. 576; 59 
Cal. 8; 60 Cal. 32, 189, 191; 61 Cal. 38, 267; 63 Cal. 
382; 65 Cal. 123, 290; 67 Cal. 211, 360, 595; 72 Cal. 
400: 73 Cal. 77; SI Cal. 499; 83 Cal. 402, 405, 414; 
-4 Cal. 229; 85 Cal. 413; 87 Cal. 79; 91 Cal. 249; 
93 Cal. 300. 400; 94 Cal. 620, 624; 98 Cal. 224; 103 
Cal. 395: 104 Cal. 351. 644; 105 Cal. 616; 109 Cal. 335: 
110 Cal. 31: 111 Cal. 102, 105, 569; 112 Cal. 471; 
113 Cal. 514. 045; 114 Cal. 334, 410; 120 Cal. 401; 
121 Cal. 202. 267; 122 Cal. 148, 556; 123 Cal. 25, 527, 
528; 124 Cal. 090. 698; 126 Cal. 117, 122, 123, 230; 
127 Cal. 7: 132 Cal. 221: 135 Cal. 471, 518; 137 Cal. 
51 8, 520 : 1 38 Cal. 381 ; 139 Cal. 541 ; 140 Cal. 480 ; 142 
Cal. 195: 143 Cal. 414; 144 Cal. 269; 156 Cal. 74; 
162 Cal. 091 : 1 Cal. App. 573; 11 Cal. App. 407; 12 
Cal. App. 292: 17 Cal. App. 425; 19 Cal. App. 602, 
610; 20 Cal. App. 510. 



52 CONSTITUTION OF CALIFORNIA. ART. IV, § 25^ 

Fish and game districts. 

Sec. 25|. The Legislature may provide for the division of 
the State into fish and game districts, and may enact such laws 
for the protection of fish and game therein as it may deem 
appropriate to the respective districts. [New section adopted 
November J h 1902] 

12 Cal. App. 291 ; 24 Cal. App. 341, 342 ; 19 Cal. App. 

Dec. 65, 67. 

Lotteries and bucketing prohibited. 

Sec. 26. The Legislature shall have no power to authorize 
lotteries or gift enterprises for any purpose and shall pass laws 
to prohibit the sale in this State of lottery or gift enterprise 
tickets or tickets in any scheme in the nature of a lottery. The 
Legislature shall pass laws to prohibit the fictitious buying and 
selling of the shares of the capital stock of corporations in any 
stock board, stock exchange or stock market under the control of 
any corporation or association. All contracts for the purchase 
or sale of shares of the capital stock of any corporation or 
association without any intention on the part of one party to 
deliver and of the other party to receive the shares, and con- 
templating merely the payment of differences between the con- 
tract and market prices on divers days, shall be void, and 
neither party to any such contract shall be entitled to recover 
any damages for failure to perform the same, or any money 
paid thereon, in any court of this State. ['Amendment adopted 
November 3, 1908] 

Original text. — Sec. 26. The Legislature shall have no power 
to authorize lotteries or gift enterprises for any purpose, and 
shall pass laws to prohibit the sale in this State of lottery or gift 
enterprise tickets, or tickets in any scheme in the nature of a 
lottery. The Legislature shall pass laws to regulate or prohibit 
the buying and selling of the shares of the capital stock of cor- 
porations in any stock board, stock exchange, or stock market 
under the control of any association. All contracts for the sale 
of shares of the capital stock of any corporation or association, 
on margin, or to be delivered at a future day, shall be void, and 
any money paid on such contracts may be recovered by the party 
paying it by suit in any court of competent jurisdiction. [Con- 
stitution of 1849, Art. IV, § 27] 

67 Cal. 93; 68 Cal. 289; 87 Cal. 697; 89 Cal. 378; 

103 Cal. 247, 328; 104 Cal. 599; 109 Cal. 692; 119 

Cal. 465 ; 127 Cal. 118 ; 130 Cal. 326, 331 ; 146 Cal. 658 ; 

150 Cal. 241, 
Formation of Congressional districts. 

Sec. 27. When a congressional district shall be composed of 
two or more counties, it shall not be separated by any county 



ART. IV. § 27 CONSTITUTION OF CALIFORNIA. 53 

belonging to another district. No county, or city and county, 
shall be divided in forming a congressional district so as to 
attach one portion of a county, or city and county, to another 
county, or city and county, except in cases where one county, or 
city and county, has more population than the ratio required 
for one or more congressmen : but the Legislature may divide 
any county, or city and county, into as many congressional 
districts as it may be entitled to by law. Any county, or city 
and county containing a population greater than the number 
required for one congressional district, shall be formed into one 
or more congressional districts, according to the population 
thereof, and any residue, after forming such district or districts, 
shall be attached, by compact adjoining assembly districts, to 
a contiguous county or counties, and form a congressional 
district. In dividing a county, or city and county, into con- 
gressional districts, no assembly district shall be divided so as to 
form a part of more than one congressional district, and every 
such congressional district shall be composed of compact con- 
tiguous assembly districts. [Constitution of 1849. Art. IV, § 30] 

Voting in elections by Legislature. 

Sec. 28. In all elections by the Legislature the members 
thereof shall vote vira voce, and the vote shall be entered on the 
journal. [Constitution of 1849, Art. IV, § 38] 
G9 Cal. 512 : SO Cal. 213. 

General appropriation bill, what may contain. 

Sec. 29. The general appropriation bill shall contain no item 
or items of appropriation other than such as are required to pay 
the salaries of the state officers, the expenses of the government, 
and of the institutions under the exclusive control and manage- 
ment of the State. 

61 Cal. 267; 64 Cal. 165; 80 Cal. 222; 115 Cal. 532. 

54'.): 151 Cal. 800; 156 Cal. 504. 

Public aid for sectarian purposes prohibited. 

Sec. 3ii. Neither the Legislature, nor any county, city and 
county, township, school district, or other municipal corporation. 
shall ever make an appropriation, or pay from any public fund 
whatever, or grant anything to or in aid of any religious sect, 
church, creed, or sectarian purpose, or help to support or sustain 
any school, college, university, hospital, or other institution con- 
trolled by any religious creed, church, or sectarian denomination 
whatever; nor shall any grant or donation of personal property 



54 CONSTITUTION OF CALIFORNIA. ART. IV, § 31 

or real estate ever be made by the State, or any city, city and 
county, town, or other municipal corporation, for any religious 
creed, church, or sectarian purpose, whatever; provided, that 
nothing in this section shall prevent the Legislature granting 
aid pursuant to section twenty-two of this article. 
115 Cal. 532, 533 ; 156 Cal. 504. 

Lending public credit prohibited. 

Sec. 31. The Legislature shall have no power to give or to 
lend, or to authorize the giving or lending, of the credit of the 
State, or of any county, city and county, city, township, or other 
political corporation or subdivision of the State now existing, or 
that may be hereafter established, in aid of or to any person, 
association, or corporation, whether municipal or otherwise, or to 
pledge the credit thereof, in any manner whatever, for the pay- 
ment of the liabilities of any individual, association, municipal 
or other corporation whatever ; nor shall it have power to make 
any gift, or authorize the making of any gift, of any public 
money or thing of value to any individual, municipal or other 
corporation whatever ; provided, that nothing in this section 
(shall prevent the Legislature granting aid pursuant to section 
twenty-two of this article ; and it shall not have power to 
authorize the State or any political subdivision thereof, to sub- 
scribe for stock, or to become a stockholder in any corporation) 
shall prevent the Legislature granting aid pursuant to section 
twenty-two of this article ; and it shall not have power to 
authorize the State, or any political subdivision thereof, to sub- 
scribe for stock, or to become a stockholder in any corporation 
whatever; provided, further, that irrigation districts for the 
purpose of acquiring the control of any entire international water 
system necessary for its use and purposes, a part of which is 
situated in the United States, and a part thereof in a foreign 
country, may in the manner authorized by law, acquire the stock 
of any foreign corporation which is the owner of, or which 
holds the title to the part of such system situated in a foreign 
country. [Amendment adopted November 3, 1914] 

Note — The repetition of the words indicated by parentheses in 
the above section occurred in the resolution by which the 
amendment of the above section was proposed to the people. 
As no change could be made thereafter the section was voted 
on and adopted in the above form. 

Original text. — Sec. 31. The Legislature shall have no power 
to give or to lend, or to authorize the giving or lending, of the 
credit of the State, or of any county, city and county, city. 
township, or other political corporation or subdivision of the 
State now existing, or that may be hereafter established, in aid of 



AfiT. IV, §32 CONSTITUTION OF CAL1FOKMA. 55 

or to any person, association, or corporation, whether municipal 
or otherwise, or to pledge the credit thereof in any manner what- 
ever, for the payment of the liabilities of any individual, associa- 
tion, municipal or other corporation whatever : nor shall it have 
power to make any gift, or authorize the making of any gift, of 
any public money or thing of value, to any individual, municipal 
or other corporation whatever; provided, that nothing in this 
section shall prevent the Legislature granting aid pursuant to 
section twenty-two of this article : and it shall not have power to 
authorize the State, or any political subdivision thereof, to sub- 
scribe for stock, or to become a stockholder in any corporation 
whatever. 

61 Cal. 43; 72 Cal. 473. 474, 475; 73 Cal. 39; 74 Cal. 

125: 77 Cal. 371, 475; S3 Cal. 265; 91 Cal. 651; 92 Cal. 

606 ; 93 Cal. 326. 329 ; 95 Cal. 150 ; 97 Cal. 252 ; 99 Cal. 

21 : 104 Cal. 690, 693 ; 106 Cal. 124 ; 109 Cal. 380, 5S0 ; 

112 Cal. 315: 114 Cal. 404: 115 Cal. 532, 533; 117 Cal. 

16S ; US Cal. 546 ; 119 Cal. 114 ; 123 Cal. 498 ; 126 Cal. 

US; 13S Cal. 273; 143 Cal. 331; 144 Cal. 692, 694; 

149 Cal. 528; 151 Cal. SCO; 152 Cal. 735; 153 Cal. 225, 

228; 154 Cal. 129; 156 Cal. 475, 504; 157 Cal. 527; 

6 Cal. App. 747 : 8 Cal. App. 535, 537 ; 15 Cal. App. 303 ; 

22 Cal. App. 255 ; 4S Cal. Dec. 410. 

Extra compensation for past services prohibited. 

Sec. 32. The Legislature shall have no power to grant, or 
authorize any county or municipal authority to grant, any extra 
compensation or allowance to any public officer, agent, servant, 
or contractor, after service has been rendered, or a contract has 
been entered into and performed, in whole or in part, nor to pay. 
or to authorize the payment of. any claim hereafter created 
against the State, or any county or municipality of the State, 
under any agreement or contract made without express authority 
of law : and all such unauthorized agreements or contracts shall 
be null and void. 

64 Cal. 164 : 72 Cal. 462. 471. 473. 474. 475 : 74 Cal. 125 ; 

77 Cal. 475: 80 Cal. 266. 270; 91 Cal. 649; 92 Cal. 606; 

93 Cal. 326; 104 Cal. 644; 114 Cal. 578, 5S0, 584; 115 

Cal 532. 533; 121 Cal. 21; 123 Cal. 498; 138 Cal. 275; 

156 Cal. 504, 505. 

Regulation of charges of public service corporations. 

Sec. 33. The Legislature shall pass laws for the regulation 
and limitation of the charges for services performed and com- 
modities furnished by telegraph and gas corporations, and the 
charges by corporations or individuals for storage and wharfage. 



56 CONSTITUTION OF CALIFORNIA. ART. IV, § 33 

in which there is a public use ; and where laws shall provide 
for the selection of any person or officer to regulate and limit 
such rates, no such person or officer shall be selected by any 
corporation or individual interested in the business to be regu- 
lated, and no person shall be selected who is an officer or s Lock- 
holder in any such corporation. 
145 Cal. 633-636. 

Special appropriation bill restricted to one item. 

Sec. 34. No bill making an appropriation of money, except 
the general appropriation bill, shall contain more than one item 
of appropriation, and that for one single and certain purpose, 
to be therein expressed. [Constitution of 1849, Art. I, § 22] 

80 Cal. 211, 214, 222; 94 Cal. 435; 105 Cal. 376; 145 
Cal. 771 ; 156 Cal. 504. 

Lobbying a felony. 

Sec. 35. Any person who seeks to influence the vote of a 
member of the Legislature by bribery, promise of reward, Intimi- 
dation, or any other dishonest means, shall be guilty of lobbying, 
which is hereby declared a felony ; and it shall be the duty of 
the Legislature to provide, by law, for the punishment of this 
crime. Any member of the Legislature who shall be influenced, 
in his vote or action upon any matter pending before the Legis- 
lature, by any reward, or promise of future reward, shall be 
deemed guilty of a felony, and upon conviction thereof, in addi- 
tion to such punishment as may be provided by law, shall be dis- 
franchised and forever disqualified from holding any office or 
public trust. Any person may be compelled to testify in any 
lawful investigation or judicial proceeding against any person 
who may be charged with having committed the offense of 
bribery or corrupt solicitation, or with having been influenced 
in his vote or action, as a member of the Legislature, by reward, 
or promise of future reward, and shall not be permitted to with- 
hold his testimony upon the ground that it may criminate him- 
self, or subject him to public infamy ; but such testimony shall 
not afterwards be used against him in any judicial proceeding, 
except for perjury in giving such testimony. 

S6 Cal. 542 ; 146 Cal. 610 ; 1 Cal. App. 64-66, 550, 573. 

State highway system authorized. 

Sec. 36. The Legislature shall have power to establish a 
system of State highways or to declare any road a State high- 
way, and to pass all laws necessary or proper to construct and 



AlBT IV, § 36 CONSTITUTION OF CALIFORNIA.. 53 

maintain the same, and to extend aid for the construction and 
maintenance in whole or in part of any county highway. [New 
section adopted November /. t902] 

160 Cal. 581, 587; 167 Cal. 286, 288; 19 Cal. App. Dec. 

704. 

ARTICLE V. 

EXECUTIVE DEPARTMENT. 

Section 1. The supreme executive power of this State shall 
1 e vested in a Chief Magistrate, who shall be styled the Governor 
of the State of California. [Constitution of 1849, Art. V, § 1] 
01 Cal. 3-3: 148 Cal. .j04. 

Election and term of Governor. 

Sue. '_>. The Governor shall be elected by the qualified electors 
at the time and places of voting for members of the Assembly. 
and shall hold his office four years from and after the first Mon- 
day after the first day of January subsequent to his election, and 
until his successor is elected and qualified. [Constitution of 1S49, 
Art. V. §2] 

•V, Cal. 101: 02 Cal. .109; 99 Cal. 45; 114 Cal. 1G9 ; 

9 Cal. App. 154. 

Who eligible. 

Sec. 3. No person shall be eligible to the office of Governor 
who has not been a citizen of the United States and a resident 
of this State five years next preceding his election and attained 
the age of twenty-five years at the time of such election. [Con- 
stitution of 1849, Art. V. § 3] 

Transmission and publication of election returns. 

Sec 4. The returns of every election for Governor shall be 
d up and transmitted to the seat of government, directed to 
the Speaker of the Assembly, who shall, during the first week of 
the session, open and publish them in the presence of boih houses 
of the Legislature. The person having the highest number of 
rotes shall be Governor; but in easp any two or more have an 
equal and the highest number of votes, the Legislature shall, by 
joint vote of both houst s, choose one of such persons so having 
an equal and the highest number of votes for Governor. [Con- 
stitution of 1849, Art. \\ §41 



58 CONSTITUTION OF CALIFORNIA. ART. V, § 5 

Governor is commander-in-chief. 

Sec. 5. The Governor shall be commander-in-chief of the 
militia, the army and navy of this State. [Constitution of 1849, 
Art. V, § 5] 

Governor transacts all executive business — May require reports. 
Sec. 6. He shall transact all executive business with the 
officers of government, civil and military, and may require infor- 
mation, in writing, from the officers of the executive department 
upon any subject relating to the duties of their respective offices. 
[Constitution of 1849, Art. V, § 6] 

Responsible for execution of laws. 

Sec. 7. He shall see that the laws are faithfully executed. 
[Constitution of 1S49, Art. V, §71 
148 Cal. 504. 

Vacancies filled by Governor. 

Sec. 8. When any office shall, from any cause, become 
vacant, and no mode is provided by the Constitution and law for 
filling such vacancy, the Governor shall have power to fill such 
vacancy by granting a commission, which shall expire at the 
end of the next session of the Legislature, or the next election by 
the people. [Constitution of 1849. Art. V. § SI 

3 Cal. 502 ; 7 Cal. 519 ; 37 Cal. 614 ; 49 Cal. 407 ; J2 Cal. 

565, 568 ; 66 Cal. 655, 656 ; 67 Cal. 119 ; 87 Cal. 475 ; 93 

Cal. 155, 156; 110 Cal. 453; 114 Cal. 170, 174; 121 Cal. 

546; 123 Cal. 309; 127 Cal. 397; 143 Cal. 417; 9 Cal. 

App. 154, 159. 

Extraordinary sessions of Legislature — Business thereat. 

Sec. 9. He may, on extraordinary occasions, convene the 
Legislature by proclamation, stating the purposes for which he 
has convened it, and when so convened it shall have no power 
to legislate on any subjects other than those specified in the proc- 
lamation, but may provide for the expenses of the session, and 
other matters incidental thereto. [Constitution of 1849, Art. 
V, § 9] 

63 Cal. 334 ; 130 Cal. 89 ; 146 Cal. 607. 

Governor's message. 

Sec 10. He shall communicate, by message to the Legis- 
lature, at every session, the condition of the State, and recom- 
mend such matters as he shall deem expedient. [Constitution of 
1849, Art. V, § 10] 



ART. V. $11 CONSTITUTION OF CALIFORNIA. 50 

Adjournment of Legislature by Governor. 

Sec. 11. In case of a disagreement between the two bouses 
with respect to the time of adjournment, the Governor shall have 
power to adjourn the Legislature to such time as he may think 
proper: provided, it be not beyond the time fixed for the meeting 
of the nexi Legislature. [Constitution of 1840. Art. V, §11] 

Governor ineligible to other office. 

Sec. 12. No person shall, while holding any office under the 
United States, or this State, exercise the office of Governor, 
except as hereinafter expressly provided. [Constitution of 1840, 
An. A". §12] 

The great seal. 

Sec 13. There shall be a seal of this State, which shall be 
kept by the Governor, and used by him officially, and shall be 
called "The Great Seal of the State of California." [Constitution 
of 1S40. Art. V, § 14] 

Grants and commissions — How signed and sealed. 

Sec 14. All grants and commissions shall be in the rame 
and by the authority of the people of the State of California, 
sealed with the great seal of the State, signed by the Governor, 
and countersigned by the Secretary of State. [Constitution of 
1849, Art. V, §15] 

151 Cal. 240 ; 156 Cal. 486 ; 6 Cal. App. 262. 

Lieutenant-Governor, election, term, qualifications and duties. 

Sec 15. A Lieutenant-Governor shall be elected at the same 
time and place, and in the same manner, as the Governor, and 
his term of office and his qualifications shall be the same. He 
shall be President of the Senate, but shall only have a costing 
vote therein. [Amendment adopted ?*ovcm~ber 8, 1898] 

Original text. — Sec 15. A Lieutenant-Governor shall be 
elected at the same time and places, and in the same manner, 
as the Governor, and his term of office and his qualifications of 
eligibility shall also be the same. He shall be President cf the 
S.-nate. but shall have only a casting vote therein. If, during a 
vacancy of the office of Governor, the Lieutenant-Governor shall 
be impeached, displaced, resign, die, or become incapable of per- 
forming the duties of his office, or be absent from the State, the 
President pro tempore of the Senate shall act as Governor until 
the vacancy be filled or the disability shall cease. The Lieuten- 
ant-Governor shall be disqualified from holding any other office, 
except as specially provided in this Constitution, during the term 
for which he shall have been elected. [Constitution of 1849, 
16] 
il. 101 ; 62 Cal. 560; 114 Cal. 160. 



60 CONSTITUTION OF CALIFORNIA. ART. V, § 16 

Order of succession to office of Governor. 

Sec. 16. In case of the impeachment of the Governor, or his 
removal from office, death, inability to discharge the powers and 
duties of his office, resignation, or absence from the State, the 
powers and duties of the office shall devolve upon the Lieutenant- 
Governor for the residue of the term, or until the disability shall 
cease. And should the Lieutenant-Governor be impeached, dis- 
placed, resign, die, or become incapable of performing the duties 
of his office, or be absent from the State, the President pro 
tempore of the Senate shall act as Governor until the vacancy in 
the office of Governor shall be filled at the next general election 
when members of the Legislature shall be chosen, or until such 
disability of the Lieutenant-Governor shall cease. In case of a 
vacancy in the office of Governor for any of the reasons above 
named, and neither the Lieutenant-Governor nor the President 
pro tempore of the Senate succeed to the powers and duties of 
Governor, then the powers and duties of such office shall devolve 
upon the Speaker of the Assembly, until the office of Governor 
shall be filled at such general election. ['Amendment adopted 
November 8, 1898] 

9 Cal. App. 158. 

Original text. — Sec. 16. In case of the impeachment of the 
Governor, or his removal from office, death, inability to discharge 
the powers and duties of the said office, resignation, or absence 
from the State, the powers and duties of the office shall devolve 
upon the Lieutenant-Governor for the residue of the term, or 
until the disability shall cease. But when the Governor shall, 
wiih the consent of the Legislature, be out of the State in time 
of war, at the head of any military force thereof, he shall con- 
tinue Commander-in-Chief of all the military force of the State. 
[Constitution of 1849, Art. V, § 17] 
62 Cal. 569. 

Other officers of State. 

Sec. 17. A Secretary of State, a Controller, a Treasurer, an 
Attorney-General, and a Surveyor-General shall be elected at 
the same time and places, and in the same manner, as the Gov- 
ernor and Lieutenant-Governor, and their terms of office shall be 
the same as that of the Governor. ['Constitution of 1849, Art. 
V, § 18] 

56 Cal. 101 ; 9 Cal. App. 154. 



AJBT. V, § 18 CONSTITUTION OF CALIFORNIA. 61 

Duties of Secretary of State. 

Sec. 18. The Secretary of State shall keep a correct record 

of tht> official acts of the legislative and executive departments 
of the government, and shall, when required, lay the same, and 
all matters relative thereto, before either branch of the Legis- 
lature, and shall perform such other duties as may be assigned 
him by law. [Constitution of 1S49, Art. V, § 19] 

Compensation of executive officers. 

Sec. 19. The Governor, Lieutenant-Governor, Secretary of 
State, Controller, Treasurer. Attorney-General and Surveyo •- 
General shall, at stated times during their continuance in office. 
receive for their services a compensation which shall not be 
increased or diminished during the term for which they shall 
have been elected, which compensation is hereby fixed for the 
following officers, as follows : Governor, ten thousand dollars 
per annum : Lieutenant-Governor, four thousand dollars, the 
Secretary of State, Controller. Treasurer, and Surveyor-General, 
five thousand dollars each per annum, and the Attorney-General, 
six thousand dollars per annum, such compensation to be in full 
for all services by them respectively rendered in any official 
capacity or employment whatsoever during their respective terms 
of office: provided, hoicever, that the Legislature may, by law, 
diminish the compensation of any or all of such officers, but in 
no case shall have the power to increase the same above the 
sums hereby fixed by this Constitution. No salary shall be 
authorized by law for clerical service in any office provided for 
in this article, exceeding eighteen hundred dollars per annum 
for each clerk employed. The Legislature may, in its discretion, 
abolish the office of Surveyor-General : and none of the officers 
hereinbefore named shall receive for their own use any fees or 
perquisites for the performance of any official duty. ['Amend- 
ment adopted 'Novemher 3. 1908] 
9 Cal. App. 575. 

Original text. — Sec. 19. The Governor. Lieutenant-Governor, 
rary of State. Controller, Treasurer. Attorney-General, and 
Surveyor-General shall, at stated times, during their continuance 
in office, receive for their services a compensation which shall 
not be increased or diminished during the term for which they 
shall have been elected, which compensation is hereby fixed for 
the following officers for the two terms next ensuing the adoption 
of this Constitution, as follows: Governor, six thousand dollars 
per annum ; Lieutenant-Governor, the same per diem as may be 
provided by law for the Speaker of the Assembly, to be allowed 
only daring the session of the Legislature; the Secretary of State, 



62 CONSTITUTION OF CALIFORNIA. ART. V, § 20 

Controller. Treasurer, Attorney-General, and Surveyor-General, 
three thousand dollars each per annum, such compensation to be 
in full for all services by them, respectively, rendered in any 
official capacity or employment whatsoever during their respec- 
tive terms of office ; provided, however, that the Legislature, 
after the expiration of the terms hereinbefore mentioned, may 
by law diminish the compensation of any or all such officers, but 
in no case shall have the power to increase the same above the 
sums hereby fixed by this Constitution. No salary shall be 
authorized by law for clerical service, in any office provided for 
in this article, exceeding sixteen hundred dollars per annum for 
each clerk employed. The Legislature may, in its discretion, 
abolish the office of Surveyor-General ; and none of the officers 
hereinbefore named shall receive for their own use any fees or 
perquisites for the performance of any official duty. [Constitu- 
tion of 1849, Art. V, § 21 ; Schedule § 15] 
87 Cal. 306. 

Election of United States Senators. 

Sec. 20. United States Senators shall be elected by the 
people of the State in the manner provided by law. [Amend- 
ment adopted November 3, 1914] 

Original text. — Sec. 20. The Governor shall not, during his 
term of office, be elected a Senator to the Senate of the United 
States. 

ARTICLE VI. 

JUDICIAL DEPARTMENT. 

Section 1. The judicial power of the State shall be vested 
in the Senate, sitting as a court of impeachment, in a Supreme 
Court, District Courts of Appeal, Superior Courts and such 
inferior courts as the Legislature may establish in any incorpo- 
rated city or town, township, county, or city and county. 
[Amendment adopted October 10, 1911] 

Amendment of 1904- — Section 1. The judicial power of 
the State shall be vested in the Senate, sitting as a court of 
impeachment, in a Supreme Court, District Courts of Appeal, 
Superior Courts, Justices of the Peace, and such inferior courts 
as the Legislature may establish in any incorporated city or 
town, or city and county. [Adopted November 8, 1904] 

Original text. — Section 1. The judicial power of the State 
shall be vested in the Senate sitting as a court of impeachment, 
in a Supreme Court, Superior Courts, Justices of the Peace, and 
such inferior courts as the Legislature may establish in any 
incorporated city, or town, or city and county. [Constitution of 
1849, Art. VI, § 1] 

54 Cal. 186 ; 56 Cal. 101 ; 58 Cal. 560, 575 ; 61 Cal. 323 ; 
62 Cal. 465; 66 Cal. 4; 69 Cal. 99; 71 Cal. 633; 73 
Cal. 507; 78 Cal. 557, 560; 81 Cal. 485, 486; 82 Cal. 



||.W. VI, § 2 CONSTITUTION OF CALIFORNIA. 63 

344; S3 Cal. 112; So Cal. 333, 336, 341, 342; 95 Cal 
42; 07 Cal. 216; 114 Cal. 329, 330; 110 Cal. 232; 120 
Cal. 401: 121 Cal. 267; 125 Cal. 324; 126 Cal. 410 
130 Cal. 87; 140 Cal. 12; 143 Cal. 246; 151 Cal. 46S 
153 Cal. 165. 166: 155 Cal. 3S6, 387; 156 Cal. 480 
157 Cal. 410. 421; 158 Cal. 448; 161 Cal. 239; 16 
Cal. 312. 317; 3 Cal. App. 645; 6 Cal. App. 739; 11 
Cal. App. 361 : 24 Cal. App. 394. 

Supreme Court — Distribution and conduct of business. 

Sec. 2. The Supreme Court shall consist of a Chief Justice 
and six Associate Justices. The court may sit in departments 
and in bank, and shall always be open for the transaction of 
business. There shall be two departments, denominated, respec- 
tively. Department One and Department Two. The Chief Jus- 
tice shall assign three of the Associate Justices to each depart- 
ment, and such assignment may be changed by him from time to 
time. The Associate Justices shall be competent to sit in either 
department, and may interchange with each other by agreement 
among themselves, or as ordered by the Chief Justice. Each of 
the departments shall have the power to hear and determine 
causes, and all questions arising therein, subject to the pro- 
visions hereinafter contained in relation to the court in bank. 
The presence of three justices shall be necessary to transact 
any business in either of the departments, except such as may 
be done at chambers, and the concurrence of three justices shall 
l>e necessary to pronounce a judgment. The Chief Justice shall 
apportion the business to the departments, and may, in his dis- 
cretion, order any cause pending before the court to be heard 
and decided by the court in bank. The order may be made 
before or after judgment pronounced by a department ; but 
where a cause has been allotted to one of the departments, and 
a judgment pronounced thereon, the order must be made within 
thirty days after such judgment, and concurred in by two 
iate Justices, and if so made it shall have the effect to 
vacate and set aside the judgment. Any four justices may, 
either before or after judgment by a department, order a case to 
to heard in bank. If the order be not made within the time 
above limited, the judgment shall be final. No judgment by a 
department shall become final until the expiration of the period 
of thirty days aforesaid, unless approved by the Chief Justice, 
in writing, with the concurrence of two Associate Justices. The 
Chief Justice may convene thp court" in bank at anv time, and 



64 CONSTITUTION OF CALIFORNIA. ART. VI, § 2 

shall be the presiding justice of the court when so convened. 
The concurrence of four justices present at the argument shall 
be necessary to pronounce a judgment in bank; but if four 
justices, so present, do not concur in a judgment, then all the 
justices qualified to sit in the cause shall hear the argument ; 
but to render a judgment a concurrence of four judges shall be 
necessary. In the determination of causes, all decisions of the 
court, in bank or in department, shall be given in writing, and 
the grounds of the decision shall be stated. The Chief Justice 
may sit in either department, and shall preside when so sitting, 
but the justices assigned to each department shall select one of 
their number as presiding justice. In case of the absence of the 
Chief Justice from the place at which the court is held, or his 
inability to act, the Associate Justices shall select one of their 
own number to perform the duties and exercise the powers of 
the Chief Justice during such absence or inability to act. [Con- 
stitution of 1849, Art. VI, § 2] 

63 Cal. 420 ; 65 Cal. 24 ; 81 Cal. 409, 460, 469, 476, 4S4 ; 

82 Cal. 599; S3 Cal. 112, 123, 494; 93 Cal. 73; 95 Cal. 

41, 43 ; 101 Cal. 199 ; 148 Cal. 177, 178 ; 10 Cal. App. 457. 

Justices, election and terms — Vacancies. 

Sec. 3. The Chief Justice and the Associate Justices shall 
be elected by the qualified electors of the State at large at the 
general state elections, at the time and places at which state 
officers are elected ; and the term of office shall be twelve years 
from and after the first Monday after the first day of January 
next succeeding their election ; provided, that the six Associate 
Justices elected at the first election shall, at their first meet- 
ing, so classify themselves, by lot, that two of them shall go 
out of office at the end of four years, two of them at the end 
of eight years, and two of them at the end of twelve years, and 
ad entry of such classification shall be made in the minutes of 
the court in bank, signed by them, and a duplicate thereof shall 
be filed in the office of the Secretary of State. If a vacancy 
occur in the office of a justice, the Governor shall appoint a 
person to hold the office until the election and qualification of a 
justice to fill the vacancy, which election shall take place at the 
next succeeding general election, and the justice so elected shall 
hold the office for the remainder of the unexpired term. The 
first election of the justices shall be at the first general election 



Art. VI. § 4 constitution of California. 65 

after the adoption and ratification of this Constitution. [Con- 
stitution of 1S4 ( .>. Art. VI, § 3] 

56 Cal. 101 ; SI Cal. 460 ; S3 Cal. 112 ; 99 Cal. 45 ; 114 

Cal. 172. 

Jurisdiction of Supreme Court — District Courts of Appeal. 

Sec. 4. The Supreme Court shall have appellate jurisdiction 
en appeal from the Superior Courts in all cases in equity, except 
such as arise in Justices' Courts; also, in all cases at law 
v hich involve the title or possession of real estate, or the legal- 
ity of any tax. impost, assessment, toll, or municipal fine, or in 
which the demand, exclusive of interest, or the value of the 
property in controversy, amounts to two thousand dollars ; 
also, in all such probate matters as may be provided by law ; 
also, on questions of law alone, in all criminal cases where judg- 
ment of death has been rendered ; the said court shall also have 
appellate jurisdiction in all cases, matters, and proceedings 
pending before a District Court of Appeal, which shall be 
ordered by the Supreme Court to be transferred to itself for 
hearing and decision, as hereinafter provided. The said court 
shall also have power to issue writs of mandamus, certiorari, 
prohibition, and habeas corpus, and all other writs necessary 
oi proper to the complete exercise of its appellate jurisdiction. 
Each of the justices shall have power to issue writs of habeas 
corpus to any part of the State, upon petition by or on behalf 
of any person held in actual custody, and may make such writs 
returnable before himself or the Supreme Court, or before any 
District Court of Appeal, or before any judge thereof, or before 
any Superior Court in the State, or before any judge thereof. 

The State is hereby divided into three appellate districts, in 
each of which there shall be a District Court of Appeal consist- 
ing of three justices. The first district shall embrace the follow- 
ing counties : San Francisco. Marin, Contra Costa. Alameda, 
San Mateo. Santa Clara. Fresno. Santa Cruz, Monterey, and 
San Benito. 

The second district shall embrace the following counties : 
Tulare Kings, San Luis Obispo. Kern. Inyo, Santa Barbara, 
Ventura. Los Angeles. San Bernardino, Orange. "Riverside and 
San Diego. 

The third district shall embrace the following counties: Del 
Norte, Siskiyou. Modoc. Humboldt. Trinity. Shasta, Lassen, 
Tehama. Plumas. Mendocino. Lake. Colusa. Glenn. Butte. 
Sierra. Sutler. Yuba, Nevada. Sonoma. Napa. Yolo, Placer. 



GG CONSTITUTION OF CALIFORNIA. ART. VI, § 4 

Solano, Sacramento, El Dorado, San Joaquin, Amador, Cala- 
veras, Stanislaus, Mariposa, Madera, Merced, Tuolumne, Alpine 
and Mono. 

The Supreme Court, by orders entered in its minutes, may 
from time to time remove one or more counties from one 
appellate district to another, but no county not contiguous to 
another county of a district shall be added to such district. 

Said District Courts of Appeal shall hold their regular ses- 
sions respectively at San Francisco, Los Angeles, and Sacra- 
mento, and they shall always be open for the transaction of 
business. 

The District Courts of Appeal shall have appellate jurisdic- 
tion on appeal from the Superior Courts in all cases at law ra 
which the demand, exclusive of interest, or the value of the 
property in controversy, amounts to three hundred dollars, and 
does not amount to two thousand dollars ; also, in all cases of 
forcible and unlawful entry and detainer (except such as arise 
in Justices' Courts), in proceedings in insolvency, and in actions 
to prevent or abate a nuisance ; in proceedings of mandamus, 
certiorari, and prohibition, usurpation of office, contesting elec- 
tions and eminent domain, and in such other special proceedings 
as may be provided by law (excepting cases in which appellate 
jurisdiction is given to the Supreme. Court) ; also, on questions 
of law alone, in all criminal cases prosecuted by indictment or 
information in a court of record, excepting criminal cases where 
judgment of death has been rendered. The said courts shall 
also have appellate jurisdiction in all cases, matters, and pro- 
ceedings pending before the Supreme Court which shall be 
ordered by the Supreme Court to be transferred to a District 
Court of Appaal for hearing and decision. The said courts shall 
also have power to issue writs of mandamus, certiorari, prohibi- 
tion, and habeas corpus, and all other writs necessary or proper 
to the complete exercise of their appellate jurisdiction. Each 
of the justices thereof shall have power to issue writs of habeas 
corpus to any part of his appellate district upon petition by or 
on behalf of any person held in actual custody, and may make 
such writs returnable before himself or the District Court of 
Appeal of his district, or before any Superior Court within his 
district, or before any judge thereof. 

The Supreme Court shall have power to order any cans? 
pending before the Supreme Court to be heard and determined 
by a District Court of Appeal, and to order any cause pending 



ART. VI. § 4 CONSTITUTION OF CALIFORNIA. (37 

before a District Court of Appeal to be heard and determined 
by the Supreme Conn. The order last mentioned may be made 
before judgment has been pronounced by a District Court of 
Appeal, or within thirty days after such judgment shall have 
become final therein. The judgments of the District Courts of 
Appeal shall become final therein upon the expiration of thirty 
days after the same shall have been pronounced. 

The Supreme Court shall have power to order causes pending 
before a District Court of Appeal for one district to be trans- 
ferred to the District Court of Appeal of another district for 
hearing and decision. 

The Justices of the District Courts of Appeal shall be elected 
by the qualified electors within their respective districts at the 
general state elections at the times and places at which Justices 
of the Supreme Court are elected. Their terms of office and 
salaries shall be the same as those of Justices of the Supreme 
Court, and their salaries shall be paid by the State. Upon the 
ratification by the people of this amendment the Governor shall 
appoint nine persons to serve as Justices of the District Courts 
of Appeal untii the first Monday after the first day of January 
in the year 10(17: provided, that not more than six of said 
persons shall be members of the same political party. At the 
election in the year 1906 nine of such justices shall be elected 
as above provided, and the justices of each District Court of 
Appeal shall so classify themselves by lot that one of them shall 
jro out of office at the end of four years, one of them at the end 
of eight years, and one of them at the end of twelve years: an 
entry of such classification shall be made in the minutes of the 
court, signed by the three justices thereof, and a duplicate 
thereof filed in the office of the Secretary of State. If any 
vacancy occur in the office of a Justice of the District Courts of 
Appeal, the Governor shall appoint a person to hold office until 
the election and qualification of a justice to fill the vacancy : 
such election shall take place at the next succeeding general 
State election as aforesaid : the justice then elected shall hold 
the office for the unexpired term. 

One of the justices of each of the District Courts of Appeal 
shall be the presiding justice thereof, and as such shall be 
appointed or elected as the case may be. The presence of three 
justices shall be necessary for the transaction of any business 
by such court, except such as may be done at chambers, and 



68 CONSTITUTION OF CALIFORNIA. ART. VI, § 4 

the concurrence of three justices shall be necessary to pronounce 
a judgment. 

Whenever any Justice of the Supreme Court is for any reason 
disqualified or unable to act in a cause pending before it, the 
remaining justices may select one of the Justices of the District 
Court of Appeal to act pro tempore in the place of the justice 
so disqualified or unable to act. 

Whenever any Justice of a District Court of Appeal is for 
any reason disqualified or unable to act in any cause pending 
before it, the Supreme Court may appoint a Justice of the Dis- 
trict Court of Appeal of another district, or a Judge of a 
Superior Court who has not acted in the cause in the court 
below, to act pro tempore in the place of the justice so dis- 
qualified or unable to act. 

No appeal taken to the Supreme Court or to a District Court 
of Appeal shall be dismissed for the reason only that the same 
w r as not taken to the proper court, but the cause shall be trans- 
ferred to the proper court upon such terms as to costs or other- 
wise as may be just, and shall be proceeded with therein as if 
regularly appealed thereto. 

All statutes now in force allowing, providing for. or regulating 
appeals to the Supreme Court shall apply to appeals to the 
District Courts of Appeal so far as such statutes are not incon- 
sistent with this article and until the Legislature shall other- 
wise provide. 

The Supreme Court shall make and adopt rules not incon- 
sistent with law for the government of the Supreme Court and 
of the District Courts of Appeal and of the officers thereof, and 
for regulating the practice in said courts. [Amendment adopted 
November 8, 1904] 

146 Cal. 138 ; 147 Cal. 265, 347 ; 148 Cal. 70, 331, 333. 
742, 773 ; 149 Cal. 292, 296, 309, 324, 351, 428, 456, 482, 
712; 151 Cal. 30, 31, 203, 518; 152 Cal. 110, 603; 154 
Cal. 97, 519 ; 155 Cal. 66, 96 ; 156 Cal. 84 ; 157 Cal. 5, 
773; 159 Cal. 33; 161 Cal. 241, 255, 310; 164 Cal. 731, 
732; 165 Cal. 63, 206; 166 Cal: 370, 647, 693, 694; 167 
Cal. 793 ; 48 Cal. Dec. 82, 331, 363, 599 ; 2 Cal. App. 
160, 316, 533, 664, 728 ; 3 Cal. App. 238, 645, 646 ; 5 Cal. 
App. 548, 678 ; 6 Cal. App. 114 ; 7 Cal. App. 3, 221, 257, 
553, 567, 658 ; 8 Cal. App. 434, 435, 490, 755 ; 9 Cal. App. 
210, 218 ; 10 Cal. App. 567 ; 11 Cal. App. 27, 298, 385 ; 
12 Cal. App. 122 ; 13 Cal. App. 391, 736 ; 14 Cal. App. 



Art. VI, § 4 constitution of California. 69 

624; 17 Cal. App. 36S ; 10 Cal. App. S9 ; 21 Cal. App. 
314, 722: 22 Cal. App. 605, 807; 24 Cal. App. 40S, 5.").-); 
19 Cal. App. Dec. 526, 527, 663; 48 Cal. Dec. 82, 331, 
363, 599. 

Original text. — Sec. 4. The Supreme Court shall have appel- 
late jurisdiction in all cases in equity, except such as arise in 
Justices' Courts ; also, in all cases at law which involve the title 
or possession of real estate, or the legality of any tax, impost, 
assessment, toll, or municipal fine, or in which the demand, 
exclusive of interest, or the value of the property in controversy, 
amounts to three hundred dollars ; also, in cases of forcible entry 
and detainer, and in proceedings in insolvency, and in actions to 
prevent or abate a nuisance, and in all such probate matters as 
may be provided by law ; also, in all criminal cases prosecuted by 
indictment or information in a court of record on questions of 
law alone. The court shall also have power to issue writs of 
mandamus, certiorari, prohibition, and habeas corpus, and all 
other writs necessary or proper to the complete exercise of its 
appellate jurisdiction. Each of the justices shall have power to 
issue writs of habeas corpus to any part of the State, upon 
petition by or on behalf of any person held in actual custody, 
and may make such writs returnable before himself, or the 
Supreme Court, or before any Superior Court in the State, or 
before any judge thereof. [Constitution of 1S49, Art. VI, § 4] 

52 Cal. 222 ; 54 Cal. 103, 354, 361, 365, 370, 371, 372 ; 

55 Cal. 191 ; 57 Cal. 553 ; 59 Cal. 554 ; 60 Cal. 115, 654 ; 

61 Cal. 141 ; 62 Cal. 41 ; 64 Cal. 424 ; 65 Cal. 29, 32, 99, 

382, 645; 67 Cal. 187, 1S9, 205, 211, 213, 214, 219; 68 

Cal. 395 ; 79 Cal. 107, 477, 486 ; 82 Cal. 162, 426 ; 83 Cal. 

112; 36 Cal. 59; 94 Cal. 353; 95 Cal. 646; 99 Cal. 429; 

100 Cal. 120 ; 102 Cal. 657 ; 103 Cal. 142 ; 108 Cal. 663 ; 

109 Cal. 279: 110 Cal. 39; 119 Cal. 438; 120 Cal. 569; 

122 Cal. 534; 123 Cal. 509; 124 Cal. 205; 132 Cal. 601; 

134 Cal. 612 ; 138 Cal. 429 ; 142 Cal. 628. 
New trial. 

Sec. 44. No judgment shall be set aside, or new trial 
granted, in any case, on the ground of misdirection of the jury, 
or of the improper admission or rejection of evidence, or for 
any error as to any matter of pleading, or for any error as to 
any matter of procedure, unless, after an examination of the 
entire cause, including the evidence, the court shall be of the 
opinion that the error complained of has resulted in a miscar- 
riage of justice. [Amendment adopted November 3. 1914] 

Original text. — Sec. 4£. No judgment shall be set aside, or 
new trial granted in any criminal case on the ground of mis- 
direction of the jury or the improper admission or rejection of 
evidence, or for error as to any matter of pleading or procedure, 
unless, after an examination of the entire cause including the 



70 CONSTITUTION OF CALIFORNIA. ART. VI, § 5 

evidence, the court shall be of the opinion that the error com- 
plained of has resulted in a miscarriage of justice. [Neiv section 
adopted October 10, 1911] 

165 Cal. 63, 03, 07, 08, 147 ; 100 Cal. 370, 381, 384, 575 : 
48 Cal. Dec. 195 ; 17 Cal. App. 785 ; 18 Cal. App. 05. 69, 
554, 571 ; 19 Cal. App. 694 ; 20 Cal. App. 47, 080, 681, 
685 ; 22 Cal. App. 20, 605, 700 ; 21 Cal. App. 09 ; 24 Cal. 
App. 466, 468, 469, 666, 759, 798 ; 23 Cal. App. 114, 3S1, 
452, 454, 524 ; 19 Cal. App. Dec. 120, 265, 399, 851. 

Superior Court, jurisdiction of. 

Sec. 5. The Superior Court shall have original jurisdiction 
in all cases in equity, and in all cases at law which involve the 
title or possession of real property, or the legality of any tax, 
impost, assessment, toll, or municipal fine, and in all other cases 
in which the demand, exclusive of interest or the value of the 
property in controversy amounts to three hundred dollars, and 
in all criminal cases amounting to felony, and cases of mis- 
demeanor not otherwise provided for ; of actions of forcible 
entry and detainer ; of proceedings in insolvency ; of actions to 
prevent or abate a nuisance ; of all matters of probate ; of 
divorce and for annulment of marriage ; and of all such special 
cases and proceedings as are not otherwise provided for, and 
said court shall have the power of naturalization, and to issue 
papers therefor. They shall have appellate jurisdiction in such 
cases arising in inferior courts in their respective counties as 
may be prescribed by law. They shall be always open (legal 
holidays and non-judicial days excepted), and their process shall 
extend to all parts of the State ; provided, that all actions for 
the recovery of the possession of, quieting the title to, or for 
the enforcement of liens upon real estate, shall be commenced in 
the county in which the real estate, or any part thereof, affected 
by such action or actions, is situated. Said courts, and their 
judges, shall have power to issue writs of mandamus, certiorari, 
prohibition, quo warranto, and habeas corpus, on petition by or 
on behalf of any person in actual custody, in their respective 
counties. Injunctions and writs of prohibition may be issued 
and served on legal holidays and non-judicial days. [Amend- 
ment adopted October 10, 1911] 

Original text. — Sec. 5. The Superior Court shall have origi- 
nal jurisdiction in all cases in equity, and in all cases at law 
which involve the title or possession of real property, or the 
legality of any tax, impost, assessment, toll, or municipal fine, 
and in all other cases in which the demand, exclusive of interest, 
or the value of the property in controversy, amounts to three 



Art. VI. § 5 constitution of California. 71 

hundred dollars, and in all criminal cases amounting to felony, 
and cases of misdemeanor not otherwise provided for ; of actions 
of forcible entry and detainer; of proceedings in insolvency; 
of actions to prevent or abate a nuisance ; of all matters 
of probate; of divorce and for annulment of marriage; and of 
all such special cases and proceedings as are not otherwise pro- 
vided for. And said court shall have the power of naturaliza- 
tion, and to issue papers therefor. They shall have appellate 
jurisdiction in such cases arising in Justices' and other inferior 
courts in their respective counties as may be prescribed by law. 
They shall be always open (legal holidays and non-judicial days 
excepted), and their process shall extend to all parts of the 
State : provided, that all actions for the recovery of the posses- 
sion of. quieting the title to, or for the enforcement of liens upon 
real estate, shall be commenced in the county in which the real 
estate, or any part thereof, affected by such action or actions, is 
situated. Said courts, and their judges, shall have power to issue 
writs of mandamus, certiorari, prohibition, quo warranto, and 
habeas corpus, on petition by or on behalf of any person in 
actual custody, in their respective counties. Injunctions and 
writs of prohibition may be issued and served on legal holidays 
and non-judicial days. 

54 Cal. 1^0. 304. 305, 370; 58 Cal. 90, 505; 59 Cal. 554; 

00 Cal. 103, 152, 307, 427; 01 Cal. 71; 02 Cal. 41; 03 
Cal. 95; 04 Cal. 252, 342, 340, 444; 05 Cal. 474, 470, 
021; 00 Cal. 29, 204, 030; 07 Cal. 189, 193, 194, 205, 
211, 214. 219; 08 Cal. 413, 491; 09 Cal. 544; 71 Cal. 
382, 383, 555; 73 Cal. 183; 70 Cal. 182, 184, 185; 77 
Cal. 100, 370; 7S Cal. 557, 500; 80 Cal. 41; 82 Cal. 
241, 305 ; S3 Cal. 473, 493 ; 84 Cal. 120 ; 80 Cal. 97, 105, 
200. 401 : 87 Cal. 82, 231 ; 92 Cal. 50 ; 93 Cal. 403 ; 94 
Cal. 355. 397; 98 Cal. 488; 99 Cal. 514; 103 Cal. 120, 
142 ; 104 Cal. 203, 292, 004 ; 108 Cal. 222, 338 ; 109 Cal. 
040 ; 110 Cal. 204 ; 111 Cal. 103, 105, 498 ; 112 Cal. 011 : 
113 Cal. 503; 114 Cal. 172; 117 Cal. 381; 119 Cal. 198, 
010 ; 122 Cal. 119 ; 123 Cal. 095 ; 125 Cal. 314 ; 120 Cal. 
220; 127 Cal. 328. 330; 130 Cal. 98, 139; 132 Cal. 001. 
702; 133 Cal. 59; 134 Cal. 319, 588, 012; 130 Cal. 030: 
138 Cal. 70. 71. 154: 139 Cal. 477; 140 Cal. 133, 138; 
144 Cal. 773: 140 Cal. 10; 147 Cal. 381; 148 Cal. 132. 
134: 149 Cal. 793; 150 Cal. 408, 470, 481, 485; 152 
Cal. 74. 508: 153 Cal. 598; 155 Cal. 73, 380, 387; 150 
Cal. 85. 480. 491 ; 157 Cal. 788; 159 Cal. 33, 304, 424; 
100 Cal. 047, 712: 107 Cal. 312; 48 Cal. Dec. 332, 483; 

1 Cal. App. 181, 227: 4 Cal. App. 119. 720: Cal. App. 
470; 10 Cal. App. 457. 458; 11 Cal. App. 302; 12 Cal. 
App. 480: 13 Cal. App. 274; 15 Cal. App. 474; 10 Cal. 
A],].. 504 : 10 Cal. App. 82, 89; 24 Cal. App. 300. 



72 CONSTITUTION OF CALIFORNIA. ART. VI, § G 

Superior Courts — Number of judges — Distribution and conduct 
of business — Filling vacancies. 
Sec. 6. There shall be in each of the organized counties, 
or cities and counties, of the State, a Superior Court, for each 
of which at least one judge shall be elected by the qualified 
electors of the county, or city and county, at the general State 
election ; provided, that until otherwise ordered by the Legisla- 
ture, only one judge shall be elected for the counties of Yuba 
and Sutter, and that in the City and County of San Francisco 
there shall be elected twelve Judges of the Superior Court, any 
one or more of whom may hold court. There may be as many 
sessions of said court, at the same time, as there are judges 
thereof. The said judges shall choose, from their own number, 
a presiding judge, who may be removed at their pleasure. He 
shall distribute the business of the court among the judges 
thereof, and prescribe the order of business. The judgments, 
orders, and proceedings of any session of the Superior Court 
held by any one or more of the judges of said courts, respec- 
tive^ 7 , shall be equally effectual as if all the judges of said 
respective courts presided at such session. In each of the 
counties of Sacramento, San Joaquin, Los Angeles, Sonoma, 
Santa Clara, and Alameda there shall be elected two such 
judges. The term of office of Judges of the Superior Courts 
shall be six years from and after the first Monday of January 
next succeeding their election ; provided, that the twelve Judges 
of the Superior Court elected in the City and County of San 
Francisco, at the first election held under this Constitution, 
shall at their first meeting so classify themselves, by lot, that 
four of them shall go out of office at the end of two years, and 
four of them shall go out of office at the end of four years, and 
four of them shall go out of office at the end of six years, and an 
entry of such classification shall be made in the minutes of the 
court, signed by them, and a duplicate thereof filed in the office 
of the Secretary of State. The first election of Judges of the 
Superior Courts shall take place at the first general election 
held after the adoption and ratification of this Constitution. If 
a vacancy occur in the office of Judge of a Superior Court, the 
Governor shall appoint a person to hold the office until the 
election and qualification of a judge to fill the vacancy, which 
election shall take place at the next succeeding general election, 



Art. VI. § CONSTITUTION of California. To 

and rhe judge so elected shall hold office for the remainder of 
the unexpired term. [Constitution of 1849, Art. VI, § 7 J 

56 Cal. 101: 04 Cal. 287; 71 Cal. 606; 72 Cal. 430; 7!> 

Cal. 484: 86 Cal. 28, 29; 89 Cal. 128: 99 Cal. 44, 514; 

104 Cal. 234. 235; 110 Cal. 67: 122 Cal. 119; 130 Cal. 

125: 133 Cal. 455: 135 Cal. 653; 138 Cal. 15; 139 Cal. 

477: 6 Cal. App. 300, 301, 302, 303; 9 Cal. App. 165. 

Sessions of Superior Courts. 

Sec. 7. In any county, or city and county, other than the 
City and County of San Francisco, in which there shall be 
more than one Judge of the Superior Court, the judges of such 
court may hold as many sessions of said court at the same time 
as there are judges thereof, and shall apportion the business 
among themselves as equally as may be. 
133 Cal. 455. 

Assignment of judge from another county — Judge pro tempore — 
Sessions. 
Sec. 8. A judge of any Superior Court may hold a Superior 
( Jourt in any county, at the request of a Judge of the Superior 
Court thereof, and upon the request of the Governor it shall 
l>e his duty so to do. But a cause in the Superior Court may be 
tried by a judge pro tempore, who must be a member of the bar, 
agreed upon in writing by the parties litigant, or their attorneys 
of record, and sworn to try the cause, and the person so selected 
shall bo empowered to act in such capacity in all further pro- 
ceedings in any suit or proceedings tried before him until the 
final determination thereof. There may be as many sessions of 
a Superior Court at the same time as there are judges thereof, 
including any judge or judges acting upon request, or any judge 
or judges pro tempore. The judgments, orders, acts and pro- 
ceedings of any session of any Superior Court held by one or 
more judges acting upon request, or judge or judges pro tempore, 
shall be equally effective as if the judge or all of the judges of 
such court presided at such session. [Amendment adopted 
November 8, 19 JO] 

Original text. — Sec. 8. A Judge of any Superior Court may 
hold a Superior Court in any county, at the request of a Judge 
of the Superior Court thereof, and noon the request of the Gov- 
ornor it shall be his duty so to do. But a cause in the Superior 
Court may be tried by a judge pro tempore, who must be a mem- 
ber of the bar. agreed upon in writing by the parties litigant, or 

4—15736 



74 CONSTITUTION OF CALIFORNIA. ART. VI, § 8 

their attorneys of record, approved by the court, and sworn to 
try the cause. 

66 Cal. 316 ; 97 Cal. 177 ; 102 Cal. 14 ; 126 Cal. 620 ; 130 

Cal. 573 ; 6 Cal. App. 771, 773, 774 ; 20 Cal. App. 163. 

Absence of judge from State— Change of number of judges. 

Sec. 9. The Legislature shall have no power to grant leave 
of absence to any judicial officer ; and any such officer who shall 
absent himself from the State for more than sixty consecutive 
days shall be deemed to have forfeited his office. The Legisla- 
ture of the State may, at any time, two thirds of the members 
of the Senate and two thirds of the members of the Assembly 
voting therefor, increase or diminish the number of Judges of 
the Superior Court in any county, or city and county, in the 
State ; provided, that no such reduction shall affect any judge 
who has been elected. [Constitution of 1849, Art. VI, portion 
of §5] 

86 Cal. 29 ; 104 Cal. 234 ; 118 Cal. 483 ; 6 Cal. App. 301, 
303, 304 ; 15 Cal. App. 428. 

Removal of judicial officers. 

Sec. 10. Justices of the Supreme Court, and of the District 
Courts of Appeal, and Judges of the Superior Courts may be 
removed by concurrent resolution of both houses of the Legisla- 
ture adopted by a two thirds vote of each house. All other 
judicial officers, except Justices of the Peace, may be removed 
by the Senate on the recommendation of the Governor ; but no 
removal shall be made by virtue of this section unless the cause 
thereof be entered on the journal, nor unless the party com- 
plained of has been served with a copy of the complaint against 
him and shall have had an opportunity of being heard in his 
defense. On the question of removal the ayes and noes shall 
be entered on the journal. [Amendment adopted November 8, 
190^ 

Original text. — Sec. 10. Justices of the Supreme Court and 
Judges of the Superior Courts may be removed by concurrent 
resolution of both houses of the Legislature, adopted by a two 
thirds vote of each house. All other judicial officers, except 
Justices of the Peace, may be removed by the Senate on the 
recommendation of the Governor, but no removal shall be made 
by virtue of this section, unless the cause thereof be entered on 
the journal, nor unless the party complained of has been served 
with a copy of the complaint against him, and shall have had an 
opportunity of being heard in his defense. On the question of 
removal, the aves and noes shall be entered on the journal. [Con- 
stitution of 1849, Art. IV, § 19] 



ART. VI, § 11 CONSTITUTION OF CALIFORNIA. 75 

Legislature to provide inferior courts. 

Sec. 11. The Legislature shall determine the number of each 
<>t" the inferior courts in incorporated cities or towns, and in 
townships, counties, or cities and counties, according to the 
population thereof and the number of judges or justices thereof, 
and shall fix by law the powers, duties and responsibilities of 
each of such courts and of the judges or justices thereof ; pro- 
vided, such powers shall not in any case trench upon the juris- 
diction of the several courts of record, except that the Legisla- 
ture shall provide that said courts shall have concurrent juris- 
diction with the Superior Courts in cases of forcible entry and 
detainer, where the rental value does not exceed twenty-five 
dollars per month, and where the whole amount of damages 
claimed does not exceed two hundred dollars, and in cases to 
enforce and foreclose liens on personal property when neither 
the amount of liens nor the value of the property amounts to 
three hundred dollars. [Amendment adopted Octooer 10, 1911] 

158 Cal. 448 ; 161 Cal. 239 ; 19 Cal. App. Dec. 764. 
Original text. — Sec. 11. The Legislature shall determine the 
number of Justices of the Peace to be elected in townships, 
incorporated cities and towns, or cities and counties, and shall 
fix by law the powers, duties, and responsibilities of Justices of 
the Peace; provided, such powers shall not. in any case, trench 
upon the jurisdiction of the several courts of record, except that 
said justices shall have concurrent jurisdiction with the Superior 
Courts in cases of forcible entry and detainer, where the rental 
value does not exceed twenty-five dollars per month, and where 
the whole amount of damages claimed does not exceed two hun- 
dred dollars, and in cases to enforce and foreclose liens on per- 
sonal property when neither the amount of liens nor the value 
of the property amounts to three hundred dollars. [Constitution 
oi 1849. Art. VI, portion of § 9] 

53 Cal. 414 ; 55 Cal. 611 ; 58 Cal. 560, 574 ; 60 Cal. 103, 

152, 427 ; 65 Cal. 474 ; 78 Cal. 559 ; 80 Cal. 40 ; 90 Cal. 

502 ; 103 Cal. 142 ; 114 Cal. 331, 333, 334 ; 121 Cal. 267 ; 

122 Cal. 119, 534; 130 Cal. 96, 98; 133 Cal. 76, 102; 

134 Cal. 145; 143 Cal. 246; 151 Cal. 469, 471; 162 Cal. 

288 ; 4 Cal. App. 720. 

Courts of record. 

Sec 12. The Supreme Court, the District Courts of Appeal, 
the Superior Courts, and such other courts as the Legislature 
shall prescribe, shall be courts of record. [Amendment adopted 
nber 8, 1904] 

Original text. — Sec. 12. The Supreme Court, the Superior 
Courts, and such other courts as the Legislature shall prescribe, 
shall be courts of record. [Constitution of 1849, Art. VI, § 9] 



76 CONSTITUTION OF CALIFORNIA. ART. VI, § 13 

Jurisdiction of inferior courts and powers of judges. 

Sec. 13. The Legislature shall fix by law the jurisdiction 
of any inferior courts which may be established in pursuance of 
section one of this article, and shall fix by law the powers, 
duties, and responsibilities of the judges thereof. [Constitution 
of 1849, Art. VI, § 10] 

73 Cal. 507 ; 78 Cal. 560, 563, 564 ; 85 Cal. 336 ; 97 Cal. 

217 ; 120 Cal. 401 ; 151 Cal. 469 ; 167 Cal. 316 ; 11 Cal. 

App. 361. 

Clerks — Commissioners. 

Sec. 14. The county clerks shall be ex officio clerks of the 
courts of record in and for their respective counties, or cities 
and counties. The Legislature may also provide for the appoint- 
ment, by the several superior courts, of one or more commission- 
ers in their respective counties, or cities and counties, with 
authority to perform chamber business of the Judges of the 
Superior Courts, to take depositions, and perform such other 
business connected with the administration of justice as may 
be prescribed by law. [Amendment adopted October 10, 1911] 

Original text. — Sec. 14. The Legislature shall provide for the 
election of a Clerk of the Supreme Court, and shall fix by law 
his duties and compensation, which compensation shall not be 
increased or diminished during the term for which he shall have 
been elected. The County Clerks shall be ex officio clerks of 
the courts of record in and for their respective counties, or cities 
and counties. The Legislature may also provide for the appoint- 
ment, by the several Superior Courts, of one or more commis- 
sioners in their respective counties, or cities and counties, with 
authority to perform chamber business of the Judges of the 
Superior Courts, to take depositions, and perform such other 
business connected with the administration of justice as may 
be prescribed by law. [Constitution of 1849, Art. VI, § 11] 

56 Cal. 101; 95 Cal. 47; 103 Cal. 491; 140 Cal. 12; 
155 Cal. 814. 

Fees of judicial officers abolished. 

Sec. 15. No judicial officer, except court commissioners, shall 
receive to his own use any fees or perquisites of office; provided. 
that Justices of the Peace now holding office shall receive to their 
own use such fees as are now allowed by law during the terms 
for which they have been elected. [Amendment adopted Ocichcr 
10, 19111 

161 Cal. 239. 



Art. VI. § 16 constitution of California. 77 

Original text. — Sec. 15. No judicial officer, except Justices of 
the Peace and Court Commissioners, shall receive to his own use 
anv fees or perquisites of office. [Constitution of 1849, Art. 
VI. § 13] 

Publication of opinions of Appellate Courts. 

Sec. 16. The Legislature shall provide for the speedy publica- 
tion of such opinions of the Supreme Court and of the District 
Courts of Appeal as the Supreme Court may deem expedient, 
and all opinions shall be free for publication by any person. 
[Amendment adopted November 8, 1904] 

Original text. — Sec. 16. The Legislature shall provide for 
the speedy publication of such opinions of the Supreme Court as 
it may deem expedient, and all opinions shall be free for publica- 
tion by any person. [Constitution of 1849, Art. VI, § 14] 

Compensation of judges. 

Sec. 17. The Justices of the Supreme Court and of the Dis- 
trict Courts of Appeal, and the Judges of the Superior Courts, 
shall severally, at stated times during their continuance in office, 
receive for their service such compensation as is or shall be pro- 
vided by law. The salaries of the Judges of the Superior Court, 
in all counties having but one judge, and in all counties in which 
the terms of the judges of the Superior Court expire at the same 
time, shall not hereafter be increased or diminished after their 
flection, nor during the term for which they shall have been 
elected. Upon the adoption of this amendment the salaries then 
established by law shall be paid uniformly to the justices and 
judges then in office. The salaries of the Justices of the Supreme 
Court and of the District Courts of Appeal shall be paid by the 
State. One half of the salary of each Superior Court Judge 
shall be paid by the State : and the other half thereof shall be 
paid by the county for which he is elected. On and after the 
first day of January, A. D., one thousand nine hundred and 
seven, the Justices of the Supreme Court shall each receive an 
annual salary of eight thousand dollars, and the Justices of the 
al District Courts of Appeal shall each receive an annual 
salary of seven thousand dollars ; the said salaries to be payable 
monthly. [Amendment adopted 'November 6, 1906] 
9 Cal. App. 577. 

u ndment of 190^. — Sec. 17. The Justices of the Supreme 
Court and of the District Courts of Appeal, and the Judges of 
Superior Court shall severally, at stated times during their 
continuance in office, receive for their services such compensation 
as is or shall be provided by law, which shall not be increased or 
diminished after their election, nor during the term for which 



78 CONSTITUTION OF CALIFORNIA. ART. VI, § 18 

they shall have been elected. The salaries of the Justices of the 
Supreme Court and of the District Courts of Appeal shall be paid 
by the State. One half of the salary of each Superior Court 
Judge shall be paid by the State ; the other half thereof shall be 
paid by the county for which he is elected. [Adopted Novem- 
ber 8, 1904] 

Original text. — Sec. 17. The Justices of the Supreme Court 
and Judges of the Superior Courts shall severally, at stated times 
during their continuance in office, receive for their services a com- 
pensation which shall not be increased or diminished after their 
election, nor during the term for which they shall have been 
elected. The salaries of the Justices of the Supreme Court shall 
be paid by the State. One half of the salary of each Superior. 
Court Judge shall be paid by the State ; the other half thereof 
shall be paid by the county for which he is elected. During the 
term of the first judges elected under this Constitution, the 
annual salaries of the Justices of the Supreme Court shall be 
six thousand dollars each. Until otherwise changed by the Legis- 
lature, the Superior Court Judges shall receive an annual salary 
of three thousand dollars each, payable monthly, except the 
Judges of the City and County of San Francisco, and the coun- 
ties of Alameda, San Joaquin, Los Angeles, Santa Clara, Yuba 
and Sutter combined, Sacramento, Butte, Nevada, and Sonoma, 
who shall receive four thousand dollars each. [Constitution of 
1849, Art. VI, § 15 ] 

55 Cal. 238 ; 87 Cal. 396 ; 138 Cal. 37 ; 148 Cal. 70. 

Judge ineligible to other office. 

Sec. 18. The Justices of the Supreme Court, and of the Dis- 
trict Courts of Appeal, and the Judges of the Superior Courts 
shall be ineligible to any other office or public employment than 
a judicial office or employment during the term for which they 
shall have been elected. [Amendment adopted November 8, 
1904] 

154 Cal. 281. 

Original text. — Sec. 18. The Justices of the Supreme Court 
and Judges of the Superior Courts shall be ineligible to any 
other office or public employment, than a judicial office or employ- 
ment, during the term for which they shall have been elected. 
[Constitution of 1849, Art. VI, § 16] 

Judge not to charge as to matters of fact. 

Sec. 19. Judges shall not charge juries with respect to mat- 
ters of fact, but may state the testimony and declare the law. 
[Constitution of 1849, Art. VI, § 17] 

54 Cal. 151, 154 ; 55 Cal. 238 ; 56 Cal. 193 ; 64 Cal. 468 ; 
65 Cal. 260, 261, 431, 569 ; 70 Cal. 68 ; 73 Cal. 516 ; 76 
Cal. 411, 417, 428 ; 77 Cal. 98, 239, 267 ; 78 Cal. 173 ; 84 
Cal. 481 ; 86 Cal. 33 ; 88 Cal. 142, 270, 426 ; 92 Cal. 490 ; 
94 Cal. 269, 282 ; 96 Cal. 171, 181 ; 97 Cal. 453 ; 98 Cal 



Art. VI. § 19 constitution of California. 79 

235, 279. 354 : 104 Cal. 3G6. 4S5 : 105 Cal. 230, 004 : 100 
Cal. SO; 111 Cal. 9, 149: 112 Cal. 254; 113 Cal. 90; 
115 Cal. 14 ; 119 Cal. 109. 170. 171 ; 124 Cal. 105 ; 125 
Cal. 443 : 129 Cal. 202. 503. 509. 510, 514 ; 130 Cal. 8 ; 
133 Cal. 39S; 134 Cal. 529; 139 Cal. 104; 142 Cal. Ill; 
149 Cal. 41 ; 150 Cal. 727 : 100 Cal. 170, 177 ; 103 Cal. 
55 ; 107 Cal. 550 ; 48 Cal. Dec. 82 ; 4 Cal. App. 90, 218 ; 
10 Cal. App. 491; 11 Cal. App. 407, 553. 555; 13 Cal. 
App. 307, 030; 14 Cal. App. 101; 19 Cal. App. 744; 
22 Cal. App. 229 ; 23 Cal. App. 522 ; 24 Cal. App. 048. 

Style of process. 

Sec. 20. The style of process shall be "The People of the 
State of California." and all prosecutions shall be conducted in 
their name and by their authority. [Constitution of 1849, Art. 
VI. § 18] 

59 Cal. 18S ; 103 Cal. 413, 501 ; 118 Cal. 483 ; 122 Cal. 

2SS, 2S9 ; 153 Cal. 107 ; 100 Cal. 722 ; 24 Cal. App. 392. 

Clerks and reporters of Appellate Courts. 

Sec. 21. The Supreme Court shall appoint a clerk of the 
Supreme Court; provided, however, that any person elected to 
the office of Clerk of the Supreme Court before the adoption 
hereof, shall continue to hold such office until the expiration of 
the term for which he may have been elected. Said court may 
also appoint a reporter and not more than three assistant 
reporters of the decisions of the Supreme Court and of the Dis- 
trict Courts of Appeal. Each of the District Courts of Appeal 
shall appoint its own clerk. All the officers herein mentioned 
shall hold office and be removable at the pleasure of the courts 
by which they are severally appointed, and they shall receive 
such compensation as shall be prescribed by law, and discharge 
such duties as shall be prescribed by law, or by the rules or 
orders of the courts by which they are severally appointed. 
idment adopted October 10, 1911] 

Amendment of 190-i. — Sec. 21. The Supreme Court may 
appoint a reporter and not more than three assistant reporters 
of the decisions of the Sunreme Court and of the District Courts 
of Appeal. Each of the District Courts of Appeal shall appoint 
its own clerk. All the officers herein mentioned shall hold office 
and be removable at the pleasure of the courts by which they 
are severally appointed, and they shall receive such compensa- 
tion as shall be prescribed by law. and discharge such duties as 
shall be prescribed by law, or by the rules or orders of the courts 



80 CONSTITUTION OF CALIFORNIA. ART. VI, § 22 

by which they are severally appointed. [Adopted November 8, 
1904] 

Original text. — Sec. 21. The justices shall appoint a reporter 

of the decisions of the Supreme Court, who shall hold his office 

and be removable at their pleasure. He shall receive an annual 

salary not to exceed twenty-five hundred dollars, payable monthly. 

57 Cal. 138; 64 Cal. 165. 

Judge not to practice law. 

Sec. 22. No judge of a court of record shall practice law in 
any court of this State during his continuance in office. 

Judge must be an attorney. 

Sec. 23. No one shall be eligible to the office of a Justice 
of the Supreme Court, or of a District Court of Appeal, or of a 
Judge of a Superior Court, unless he shall have been admitted 
to practice before the Supreme Court of the State. [Amend- 
ment adopted November 8, 1901/] 

Original text. — Sec. 23. No one shall be eligible to the office 
of Justice of the Supreme Court, or to the office of Judge of a 
Superior Court, unless he shall have been admitted to practice 
before the Supreme Court of the State. 

Salary of judge not to be paid, when — Written opinions. 

Sec. 24. No Judge of the Supreme Court nor of a District 
Court of Appeal, nor of a Superior Court, shall draw or receive 
any monthly salary unless he shall make and subscribe an 
affidavit before an officer entitled to administer oaths, that no 
cause in his court remains pending and undecided, that has 
been submitted for decision for a period of ninety days. In the 
determination of causes all decisions of the Supreme Court and 
of the District Courts of Appeal shall be given in writing, and 
the grounds of the decisions shall be stated. When the Justices 
of a District Court of Appeal are unable to concur in a judg- 
ment, they shall give their several opinions in writing and 
cause copies thereof to be forwarded to the Supreme Court. 
[Amendment adopted November 8, 1904] 
164 Cal. 732 ; 7 Cal. App. 228. 

Original text. — Sec. 24. No Judge of a Superior Court, nor 
of the Supreme Court shall, after the first day of July, one thou- 
sand eight hundred and eighty, be allowed to draw or receive 
any monthly salary, unless he shall take and subscribe an 
affidavit before an officer entitled to administer oaths, that no 
cause in his court remains undecided that has been submitted 
for decision for the period of ninety days. 
62 Cal. 514. 



ART. VI, § 25 CONSTITUTION OF CALIFORNIA. 81 

Supreme Court Commission abolished. 

Sec. 23. The present Supreme Court Commission shall be 
abolished at the expiration of its present term of office, and no 
Supreme Court Commission shall be created or provided for 
after January 1st. A. D. 1905. [New section adopted November 
S, 1904] 

ARTICLE VII. 

PARDONING POWER. 

Section 1. The Governor shall have the power to grant 
reprieves, pardons, and commutations of sentence, after convic- 
tion, for all offenses except treason and cases of impeachment, 
upon such conditions, and with such restrictions and limitations, 
as he may think proper, subject to such regulations as may be 
provided by law relative to the manner of applying for pardons. 
Upon conviction for treason, the Governor shall have power to 
suspend the execution of the sentence until the case shall be 
reported to the Legislature at its next meeting, when the Legis- 
lature shall either pardon, direct the execution of the sentence, 
or grant a further reprieve. The Governor shall communicate 
to the Legislature, at the beginning of every session, every case 
of reprieve or pardon granted, stating the name of the convict, 
the crime for which he was convicted, the sentence, its date, the 
date of the pardon or reprieve, and the reasons for granting the 
same. Neither the Governor nor the Legislature shall have 
power to grant pardons, or commutations of sentence, in any 
case where the convict has been twice convicted of a felony, 
unless upon the written recommendation of a majority of the 
Judges of the Supreme Court. [Constitution of 1840. Art. V. 
§ 13] 

64 Cal. 31 : 82 Cal. 518; 12 Gal. App. 298. 

ARTICLE VIII. 

MILITIA. 

tion 1. The Legislature shall provide, by law, for 

izing and disciplining the militia, in such manner as it 

may deem expedient, not incompatible with the Constitution and 

laws of the United States. Office rs of the militia shall be elected 

or appointed in such manner as the Legislature shall, from time 

to time, direct, and shall be commissioned by the Governor. 

The Governor shall have power to call forth the militia to 

ute the laws of the Stato. to suppress insurrections, and 

' invasions. [Constitution of 1849, Art. VIII, §§1. 2. 3] 



82 CONSTITUTION OF CALIFORNIA. ART. VIII, § 2 

Militia to carry only National or State flag. 

Sec. 2. All military organizations provided for by this Con- 
stitution, or any law of this State, and receiving state support, 
shall, while under arms, either for ceremony or duty, carry no 
device, banner, or flag of any state or nation, except that of 
the United States or the State of California. 

ARTICLE IX. 

EDUCATION. 

Section 1. A general diffusion of knowledge and intelligence 
being essential to the preservation of the rights and liberties of 
the people, the Legislature shall encourage by all suitable means 
the promotion of intellectual, scientific, moral and agricultural 
improvement. [Constitution of 1849, Art. IX, § 2] 

99 Cal. 150; 118 Cal. 120; 121 Cal. 22; 124 Cal. 699; 
151 Cal. 802. 

Superintendent of Public Instruction — Salary. 

Sec. 2. A superintendent of public instruction shall, at each 
gubernatorial election after the adoption of this Constitution, 
be elected by the qualified electors of the State. He shall 
receive a salary equal to that of the Secretary of State, and 
shall enter upon the duties of his office on the first Monday 
after the first day of January next succeeding his election. 
[Constitution of 1849, Art. IX, § 1] 
56 Cal. 101 ; 87 Cal. 396. 

County Superintendent of Schools. 

Sec. 3. A superintendent of schools for each county shall 
be elected by the qualified electors thereof at each gubernatorial 
election ; provided, that the Legislature may authorize two or 
more counties to unite and elect one superintendent for the 
counties so uniting. 

56 Cal. 102; 114 Cal. 318, 335, 561; 123 Cal. 308. 

State school fund. 

Sec. 4. The proceeds of all lands that have been or may be 
granted by the United States to this State for the support of 
common schools, which may be, or may have been, sold or 
disposed of, and the five hundred thousand acres of land granted 
to the new states under an act of Congress distributing the 
proceeds of the public lands among the several states of the 
Union, approved A. D. one thousand eight hundred and forty- 
one, and all estates of deceased persons who may have died 



Art. IX, § 5 constitution of California. 83 

without leaving a will or heir, and also such per cent as may 
be granted, or may have been granted, by Congress on the sale 
of lands in this State, shall be and remain a perpetual fund, 
the interest of which, together with all the rents of the unsold 
lands, and such other means as the Legislature may provide, 
shall be inviolably appropriated to the support of common 
schools throughout the State. [Constitution of 1849, Art. 
IX. § 2] 

67 Cal. 384; 70 Cal. 157; 97 Cal. 431; 104 Cal. 658; 

143 Cal. 331. 

Common school system. 

Sec. 5. The Legislature shall provide for a system of com- 
mon schools, by which a free school shall be kept up and sup- 
ported in each district at least six months in every year, after 
the first year in which a school has been established. [Con- 
stitution of 1849, Art. IX, § 3] 

55 Cal. 334, 490, 497; 97 Cal. 431; 99 Cal. 29; 104 Cal. 

350; 117 Cal. 523; 124 Cal. 69S ; 134 Cal. 65; 136 Cal. 

379 ; 141 Cal. 376 ; 14S Cal. 384, 389, 390. 

Support of school system. 

Sec. 6. The public school system shall include day and 
evening elementary schools, and such day and evening secondary 
schools, normal schools, and technical schools as may be estab- 
lished by the Legislature, or by municipal or district authority. 
The entire revenue derived from the State school fund and from 
the general State school tax shall be applied exclusively to the 
support of day and evening elementary schools ; but the Legis- 
lature may authorize and cause to be levied a special state 
school tax for the support of day and evening secondary schools 
and technical schools, or either of such schools, included in the 
public school system, and all revenue derived from such special 
tax shall be applied exclusively to the support of the schools for 
which such special tax shall be levied. [Amendment adopted 
yovember 3, 1908] 

Amendment of 1902. — Sec. 6. The public school system shall 
include primary and grammar schools, and such high schools, 
evening schools, normal schools, and technical schools as may be 
established by the Legislature, or by municipal or district author- 
ity. The entire revenue derived from the State school fund and 
from the general State school tax shall be applied exclusively 
to the support of primary and grammar schools ; but the Legis- 
lature may authorize and cause to be levied a special State school 
rax for the support of high schools and technical schools, or 
either of such schools, included in the public school system, and 



84 CONSTITUTION OF CALIFORNIA. ART. IX, § 7 

all revenue derived from such special tax shall be applied exclu- 
sively to the support of the schools for which such special tax 
shall be levied. [Adopted November 4, 1902] 

Original text. — Sec. 6. The public school system shall include 
primary and grammar schools, and such high schools, evening- 
schools, normal schools, and technical schools as may be estab- 
lished by the Legislature, or by municipal or district authority ; 
but the entire revenue derived from the State school fund, and 
the State school tax, shall be applied exclusively to the support 
of primary and grammar schools. 

55 Cal. 334 ; 84 Cal. 229 ; 97 Cal. 431 ; 104 Cal. 63 ; 107 

Cal. 192; 117 Cal. 523; 118 Cal. 119; 124 Cal. 698; 

134 Cal. 65 ; 141 Cal. 375, 380 ; 148 Cal. 338, 390, 392 ; 

152 Cal. 517, 519. 

State Board of Education — Free textbooks. 

Sec. 7. The legislature shall provide for the appointment 
or election of a state board of education, and said board shall 
provide, compile, or cause to be compiled, and adopt, a uniform 
series of textbooks for use in the day and evening elementary 
schools throughout the state. The state board may cause such 
textbooks, when adopted, to be printed and published by the 
superintendent of state printing, at the state printing office ; 
and wherever and however such textbooks may be printed and 
published, they shall be furnished and distributed by the state 
free of cost or any charge whatever, to all children attending 
the day and evening elementary schools of the state, under such 
conditions as the legislature shall prescribe. The textbooks, so 
adopted, shall continue in use not less than four years, without 
any change or alteration whatsoever which will require or 
necessitate the furnishing of new books to such pupils, and said 
state board shall perform such other duties as may be pre- 
scribed by law. The legislature shall provide for a board 
of education in each county in the state. The county superin- 
tendents and the county boards of education shall have control 
of the examination of teachers and the granting of teachers' 
certificates within their respective jurisdictions. [Amendment 
adopted November 5, 1912] 

Amendment of 1911. — Sec. 7. The Governor, the Superinten- 
dent of Public Instruction, the president of the University of 
California, and the professor of pedagogy therein and the princi- 
pals of the State normal schools, shall constitute the State Board 
of Education, and shall compile, or cause to be compiled, and 
adopt a uniform series of textbooks for use in the common 
schools throughout the State. 

The state board may cause such textbooks when adopted, to 
be printed, and published by the superintendent of state print- 



Art. IX. § 7 constitution of California. 85 

ing. at the state printing office : and when so printed and pub- 
lished, to be distributed aud sold at the cost price of printing. 
publishing and distributing the same. The textbooks, so 
adopted, shall continue in use not less than four years, without 
any change or alteration whatsoever which will require or neces- 
sitate the purchase of new books by such pupils, and said State 
board shall perform such other duties as may be prescribed by 
law. The Legislature shall provide for a board of education in 
each county in the State. The county superintendents and the 
county boards of education shall have control of the examination 
of teachers and the granting of teachers' certificates within their 
respective jurisdictions. [Adopted October 10, 1911] 

Amendment of 1894- — Sec. 7. The Governor, the Superintend- 
ent of Public Instruction, the president of the University of 
California, and the professor of pedagogy therein, and the princi- 
pals of the State normal schools shall constitute the State Board 
of Education, and shall compile, or cause to be compiled, and 
adopt, a uniform series of textbooks for use in the common 
schools throughout the State. The State board may cause such 
textbooks, when adopted, to be printed and published by the 
superintendent of State printing, at the State printing office, 
and. when so printed and published, to be distributed and sold 
at the cost price of printing, publishing, and distributing the 
same. The text books so adopted shall continue in use not less 
than four years : and said board shall perform such other duties 
as may be prescribed by law. The Legislature shall provide for 
a board of education in each county in the State. The county 
sui erintendents and the county boards of education shall have 
control of the examination of teachers and the granting of teach- 
ers' certificates within their respective jurisdictions. [Adopted 
November 6\ 189 ft 

Amendment of 188.'/. — Sec. 7. The Governor. Superintendent 
of Public Instruction, and the principals of the State normal 
schools, shall constitute the State board of education, and shall 
compile, or cause to be compiled, and adopt, a uniform series of 
textbooks for use in the common schools throughout the State. 
The State board may cause such textbooks, when adopted, to be 
printed and published by the superintendent of State printing, 
at the State printing office, and when so printed and published, 
to be distributed and sold at the cost price of printing, publish- 
ing, and distributing the same. The textbooks so adopted shall 
continue in use not less than four years; and said State board 
shall perform such other duties as may be prescribed by law. 
The Legislature shall provide for a board of education in each 
county in the State. The county superintendents and the 
county boards of education shall have control of the examina- 
tion of teachers and the granting of teachers' certificates within 
their respective jurisdictions. [Adopted November 4, 188ft 

Original text. — Sec. 7. The local boards of education, and 
the boards of supervisors, and the county superintendents of 
- veral counties which may not have county boards of edu- 
cation, shall adopt a series of textbooks for the use of the com- 
mon schools within their respective jurisdictions; the textbooks 
lopted shall continue in use for not less than four years; 



86 CONSTITUTION OF CALIFORNIA. ART. IX, § 8 

they shall also have control of the examination of teachers and 
the granting of teachers' certificates within their several juris- 
dictions. 

55 Cal. 331, 333 ; 107 Cal. 192 ; 117 Cal. 522, 526. 

No public money for sectarian schools. 

Sec. 8. No public money shall ever be appropriated for the 
support of any sectarian or denominational school, or any school 
not under the exclusive control of the officers of the public 
schools; nor shall any sectarian or denominational doctrine be 
taught, or instruction thereon be permitted, directly or indirectly, 
in any of the common schools of this State. 

55 Cal. 334 ; 71 Cal. 630, 631 ; 97 Cal. 431. 

University of California. 

Sec. 9. The University of California shall constitute a public 
trust, and its organization and government shall be perpetually 
continued in the form and character prescribed by the organic 
act creating the same, passed March twenty-third, eighteen hun- 
dred and sixty-eight (and the several acts amendatory thereof), 
subject only to such legislative control as may be necessary to 
insure compliance with the terms of its endowments and the 
proper investment and security of its funds. It shall be entirely 
independent of all political or sectarian influence, and kept free 
therefrom in the appointment of its regents, and in the adminis- 
tration of its affairs ; provided, that all the moneys derived from 
the sale of the public lands donated to this State by act of Con- 
gress, approved July second, eighteen hundred and sixty-two 
(and the several acts amendatory thereof), shall be invested 
as provided by said acts of Congress, and the interest of said 
moneys shall be inviolably appropriated to the endowment, sup- 
port, and maintenance of at least one college of agriculture, 
where the leading objects shall be (without excluding other 
scientific and classical studies, and including military tactics) 
to teach such branches of learning as are related to scientific 
and practical agriculture and mechanic arts in accordance 
with the requirements and conditions of said acts of Congress ; 
and the Legislature shall provide that if through neglect, mis- 
appropriation, or any other contingency, any portion of the 
funds so set apart shall be diminished or lost, the State shall 
replace such portion so lost or misappropriated, so that the 
principal thereof shall remain forever undiminished. No person 
shall be debarred admission to any of the collegiate depart- 



ART. IX, § 10 CONSTITUTION OF CALIFORNIA. 87 

ments of the University on account of sex. [Constitution of 
1849, Art. IX, § 4] 

54 Cal. 2S ; 55 Cal. 334 ; 66 Cal. 508 ; 69 Cal. 216 ; 104 

Cal. 659 ; 123 Cal. 619 ; 153 Cal. 778. 

Leland Stanford Junior University — Tax exemption conditioned 
on free tuition. 

Sec. 10. The trusts and estates created for the founding, 
endowment, and maintenance of the Leland Stanford Junior 
University, under and in accordance with "An act to advance 
learning," etc., approved March ninth, eighteen hundred and 
eighty-five, by the endowment grant executed by Leland Stan- 
ford and Jane Lathrop Stanford on the eleventh day of Novem- 
ber, A. D. eighteen hundred and eighty-five, and recorded in liber 
eighty-three of deeds, at page twenty-three et seq., records of 
Santa Clara County, and by the amendments of such grant, and 
by gifts, grants, bequests, and devises supplementary thereto, 
and by confirmatory grants, are permitted, approved, and con- 
firmed. The board of trustees of the Leland Stanford Junior 
University, as such, or in the name of the institution, or by 
other intelligible designation of the trustees of the institu- 
tion, may receive property, real or personal, and wherever 
situated, by gift, grant, devise, or bequest, for the benefit of the 
institution, or of any department thereof, and such property, 
unless otherwise provided, shall be held by the trustees of the 
Leland Stanford Junior University upon the trusts provided for 
in the grant founding the university, and amendments thereof, 
and grants, bequests, and devises supplementary thereto. The 
Legislature, by special act, may grant to the trustees of the 
Leland Stanford Junior University corporate powers and privi- 
leges, but it shall not thereby alter their tenure, or limit their 
powers or obligations as trustees. All property now or here- 
after held in trust for the founding, maintenance, or benefit of 
the Leland Stanford Junior University, or of any department 
thereof, may be exempted by special act from State taxation, 
and all personal property so held, the Palo Alto farm as 
described in the endowment grant to the trustees of the uni- 
versity, and all other real property so held and used by the 
university for educational purposes exclusively, may be similarly 
exempted from county and municipal taxation ; provided, that 
residents of California shall be charged no fees for tuition 
unless such fees be authorized by act of the Legislature. [ISfew 
tection adopted November 6, 19001 



S8 CONSTITUTION OF CALIFORNIA. ART. IX. § 11 

California School of Mechanical Arts. 

Sec. 11. All property now or hereafter belonging to "The 
California School of Mechanical Arts," an institution founded 
and endowed by the late James Lick to educate males and 
females in the practical arts of life, and incorporated under the 
laws of the State of California, November twenty-third, eighteen 
hundred and eighty-five, having its school buildings located in 
the city and county of San Francisco, shall be exempt from 
taxation. The trustees of said institution must annually report 
their proceedings and financial accounts to the Governor. The 
Legislature may modify, suspend, and revive at will the exemp- 
tion from taxation herein given. [New section adopted 'Novem- 
ber 6, 1900] 

California Academy of Sciences. 

Sec. 12. All property now or hereafter belonging to the 
"California Academy of Sciences," an institution for the advance- 
ment of science and maintenance of a free museum, and chiefly 
endowed by the late James Lick, and incorporated under the 
laws of the State of California, January sixteenth, eighteen 
hundred and seventy-one, having its buildings located in the 
city and county of San Francisco, shall be exempt from taxa- 
tion. The trustees of said institution must annually report 
their proceedings and financial accounts to the Governor. The 
Legislature may modify, suspend, and revive at will the exemp- 
tion from taxation herein given. [New section adopted Novem- 
ber S, 190.',} 

Cogswell Polytechnical College. 

Sec. 13. All property now or hereafter belonging to the 
Cogswell Polytechnical College, an institution for the advance- 
ment of learning, incorporated under the laws of the State of 
California, and having its buildings located in the city and 
county of San Francisco, shall be exempt from taxation. The 
trustees of said institution must annually report their pro- 
ceedings and financial accounts to the Governor. The Legisla- 
ture may modify, suspend, and revive at will the exemption 
from taxation herein given. [New section adopted Novem- 
ber 6, 1906] 

ARTICLE X. 

STATE INSTITUTIONS AND PUBLIC BUILDINGS. 

Section 1. There shall be a State Board of Prison Directors, 
to consist of five persons, to be appointed by the Governor, 
with the advice and consent of the Senate, who shall hold 



AKT. X. § 2 CONSTITUTION OF CALIFORNIA. s '-l 

office for ten years, except that the first appointed shall, in 
such manner as the Legislature may direct, be so classified 
that the term of one person so appointed shall expire at the 
end of each two years during the first ten years, and vacancies 
occurring shall be filled in like manner. The appointee to a 
vacancy occurring before the expiration of a term shall hold 
office only for the unexpired term of his predecessor. The 
Governor shall have the power to remove either of the directors 
for misconduct, incompetency, or neglect of duty, after an 
opportunity to be heard upon written charges. 
61 Cal. 263, 436; 63 Cal. 400. 

Powers and duties of Prison Directors. 

Sec. 2. The board of directors shall have the charge and 
superintendence of the State prisons, and shall possess such 
powers and perform such duties, in respect to other penal and 
reformatory institutions of the State, as the Legislature may 
prescribe. 

103 Cal. 225. 

Appointment and removal of officers and employees. 

Sec. 3. The board shall appoint the warden and clerk, and 
determine the other necessary officers of the prisons. The 
board shall have power to remove the wardens and clerks for 
misconduct, incompetency, or neglect of duty. All other officers 
and employees of the prisons shall be appointed by the warden 
thereof, and be removed at his pleasure. 

Prison Directors receive no compensation. 

Sec. 4. The members of the board shall receive no com- 
pensation, other than reasonable traveling and other expenses 
incurred while engaged in the performance of official duties, 
to be audited as the Legislature may direct. 
61 Cal. 264. 

Legislature to prescribe powers and duties of prison officials. 

Sec. 5. The Legislature shall pass such laws as may be 
necessary to further define and regulate the powers and duties 
of the board, wardens, and clerks, and to carry into effect the 
provisions of this article. 



90 CONSTITUTION OF CALIFORNIA. ART. X, § 

Convict labor. 

Sec. 6. After the first day of January, eighteen hundred and 
eighty-two, the labor of convicts shall not be let out by con- 
tract to any person, copartnership, company, or corporation, 
and the Legislature shall, by law, provide for the working of 
convicts for the benefit of the State. 

ARTICLE XL 

COUNTIES, CITIES,. AND TOWNS. 

Section 1. The several counties, as they now exist, are 
hereby recognized as legal subdivisions of this State. 

56 Cal. 103; 61 Cal. 277; 81 Cal. 487; 88 Cal. 412; 
89 Cal. 472, 523; 91 Cal. 467; 104 Cal. 276; 106 Cal. 
424; 114 Cal. 320, 326, 561; 129 Cal. 573, 574; 134 
Cal. 70; 142 Cal. 516; 8 Cal. App. 679. 

Removal of county seat. 

Sec. 2. No county seat shall be removed unless two thirds 
of the qualified electors of the county, voting on the proposition 
at a general election, shall vote in favor of such removal. A 
proposition of removal shall not be submitted in the same 
county more than once in four years. 

61 Cal. 277 ; 68 Cal. 296 ; 71 Cal. 313 ; 81 Cal. 497 ; 87 
Cal. 165; 103 Cal. 114. 

Formation of new counties. 

Sec. 3. The Legislature, by general and uniform laws, may 
provide for the alteration of county boundary lines, and for 
the formation of new counties ; provided, however,, that no new 
county shall be established which shall reduce any county to 
a population of less than twenty thousand ; nor shall a new 
county be formed containing a less population than eight thou- 
sand ; nor shall any line thereof pass within five miles of the 
exterior boundary of the city or town in which the county seat 
of any county proposed to be divided is situated. Every county 
which shall be enlarged or created from territory taken from 
any other county or counties, shall be liable for a just propor- 
tion of the existing debts and liabilities of the county or counties 
from which such territory shall be taken. [Amendment adopted 
November 8, 1910] 

Amendment of 1894- — Sec. 3. The Legislature, by general 
and uniform laws, may provide for the formation of new coun- 
ties ; provided, however, that no new county shall be established 



Art. XI. § 4 constitution of California. 91 

which shall reduce any county to a population of less than eigh< 
thousand : nor shall a new county be formed containing a less 
population of less than five thousand ; nor shall any line thereof 
pass within five miles of the county seat of any county proposed 
to be divided. Every county which shall be enlarged or created 
from territory taken from any other county or counties, shall be 
liable for a just proportion of the existing debt and liabilities of 
the county or counties from which such territory shall be taken. 
[Adopted Xovcmber 6, 1S94] 

Original text. — Sec. 3. No new county shall be established 
which shall reduce any county to a population of less than eight 
thousand ; nor shall a new county be formed containing a less 
population than five thousand ; nor shall any line thereof pass 
within five miles of the county seat of any county proposed to be 
divided. Every county which shall be enlarged or created from 
territory taken from any other county or counties, shall be liable 
for a just proportion of the existing debts and liabilities of the 
county or counties from which such territory shall be taken. 

59 Cal. 2S6; 61 Cal. 277; SI Cal. 497; 97 Cal. 331; 
114 Cal. 394; 117 Cal. 196, 197, 200; 134 Cal. 522; 
142 Cal. 516 : 144 Cal. 330 ; 152 Cal. 228. 

County governments and township organization. 

Sec. 4. The Legislature shall establish a system of county 
governments, which shall be uniform throughout the State ; and 
by general laws shall provide for township organizations, under 
which any county may organize whenever a majority of the 
qualified electors of such county, voting at a general election, 
shall so determine ; and whenever a county shall adopt town- 
ship organization, the assessment and collection of the revenue 
shall be made, and the business of such county and the local 
affairs of the several townships therein shall be managed and 
transacted, in the manner prescribed by such general laws. 
[Constitution of 1849, Art. XI, §4] 

48 Cal. 318 ; 50 Cal. 570 ; 56 Cal. 103, 637 ; 58 Cal. 61 ; 
61 Cal. 277; 65 Cal. 123; 73 Cal. 77; 81 Cal. 497; 84 
Cal. 76 ; 92 Cal. 300 ; 94 Cal. 601, 624 ; 98 Cal. 51, 224 ; 
109 Cal. 334, 496 ; 114 Cal. 320, 332, 561 ; 118 Cal. 308, 
404; 121 Cal. 551; 129 Cal. 574; 132 Cal. 444; 134 
Cal. 70 ; 135 Cal. 514 ; 154 Cal. 330. 

Compensation of officers and jurors. 

Sec. 5. The Legislature, by general and uniform laws, shall 
provide for the election or appointment, in the several counties, 
of boards of supervisors, sheriffs, county clerks, district 
attorneys, and such other county, township, and municipal 



92 CONSTITUTION OF CALIFORNIA. ART. XI, § 5 

officers as public convenience may require, and shall prescribe 
their duties and fix their terms of office. It shall regulate the 
compensation of all such officers, in proportion to duties, and 
may also establish fees to be charged and collected by such 
officers for services performed in their respective offices, in the 
manner and for the uses provided by law, and for this purpose 
may classify the counties by population ; and it shall provide 
for the strict accountability of county and township officers 
for all fees which may be collected by them, and for all public 
and municipal moneys which may be paid to them, or officially 
come into their possession. It may regulate the compensation 
of grand and trial jurors in all courts within the classes of 
counties herein permitted to be made ; such compensation, how- 
ever, shall not, in any class, exceed the sum of three dollars per 
day and mileage. [Amendment adopted 'November 3, 1908] 
Original text. — Sec. 5. The Legislature, by general and uni- 
form laws, shall provide for the election or appointment, in the 
several counties, of boards of supervisors, sheriffs, county 
clerks, district attorneys, and such other county, township, and 
municipal officers as public convenience may require, and shall 
prescribe their duties and fix their terms of office. It shall regu- 
late the compensation of all such officers, in proportion to duties, 
and for this purpose may classify the counties by population ; 
and it shall provide for the strict accountability of county and 
township officers for all fees which may be collected by them, and 
for all public and municipal moneys which may be paid to 
them, or officially come into their possession. [Constitution of 
1849, Art. XI. § 5] 

53 Cal. 748; 56 Cal. 95, 103, 107-111; 58 Cal. 561, 571; 

60 Cal. 513, 514, 516; 61 Cal. 277, 313, 316; 62 Cal. 

566; 65 Cal. 123, 288, 290; 66 Cal. 4; 73 Cal. 77; 76 

Cal. 95; 81 Cal. 497, 500; 84 Cal. 75; 88 Cal. 531; 

89 Cal. 472; 94 Cal. 604, 608, 618, 619, 624, 625, 629; 

95 Cal. 332, 473, 474, 475; 98 Cal. 222, 228; 99 Cal. 

611; 100 Cal. 268, 273, 274, 424; 103 Cal. 394, 499; 

104 Cal. 130 ; 105 Cal. 626 ; 106 Cal. 197 ; 109 Cal. 334, 

497; 111 Cal. 103, 370, 569; 113 Cal. 516, 645; 114 

Cal. 327, 561; 115 Cal. 538, 548; 118 Cal. 308, 404. 

408; 120 Cal. 391; 125 Cal. 192; 128 Cal. 247, 249; 

131 Cal. 550; 134 Cal. 70; 135 Cal. 514, 650; 136 Cal. 

376, 377, 378, 655 ; 141 Cal. 429, 726, 727, 728 ; 142 Cal. 

516 ; 144 Cal. 269, 274 ; 145 Cal. 425 ; 148 Cal. 747, 753, 

754; 153 Cal. 168; 154 Cal. 330; 157 Cal. 160, 421, 

422 ; 162 Cal. 593 ; 164 Cal. 326 ; 3 Cal. App. 182, 274 ; 

5 Cal. App. 467, 679 ; 15 Cal. App. 580 ; 18 Cal. App. 448 ; 

20 Cal. App. 20. 



Art. XI. §0 constitution of California. 93 

Corporations formed under general laws. 

Sec. G. Corporations for municipal purposes shall not be 
created by special laws; but the Legislature shall, by general 
laws, provide for the incorporation, organization, and classifica- 
tion, in proportion to population, of citie.; and towns, which 
laws may be altered, amended, or repealed; and the Legislature 
may. by general laws, provide for the performance by county 
officers of certain of the municipal functions of cities and towns 
so incorporated, whenever a majority of the electors of any 
such city or town voting at a general or special election shall 
so determine. Cities and towns heretofore organized or incorpo- 
rated may become organized under the general laws passed for 
that purpose, whenever a majority of the electors voting at a 
general election shall so determine, and shall organize in con- 
formity therewith. Cities and towns hereafter organized under 
charters framed and adopted by authority of this Constitution 
are hereby empowered, and cities and towns heretofore organ- 
ized by authority of this Constitution may amend their charters 
in the manner authorized by this Constitution so as to become 
likewise empowered hereunder, to make and enforce all laws 
and regulations in respect to municipal affairs, subject only 
to the restrictions and limitations provided in their several 
charters, and in respect to other matters they shall be subject 
to and controlled by general laws. Cities and towns heretofore 
or hereafter organized by authority of this Constitution may, by 
charter provision or amendment, provide for the performance 
by county officers of certain of their municipal functions, when- 
ever the discharge of such municipal functions by county officers 
is authorized by general laws or by the provisions of a county 
charter framed and adopted by authority of this Constitution. 
[Amendment adopted Novembei- 3, 191-'/] 

Amendment of 1$96. — Sec. 6. Corporations for municipal 
purposes shall not be created by special laws ; but the Legis- 
lature, by general laws, shall provide for the incorporation, 
organization, and classification, in proportion to population, of 
cities and towns, which laws may be altered, amended or re- 
pealed. Cities and towns heretofore organized or incorporated 
may become organized under such general laws whenever a 
majority of the electors voting at a general election shall so 
determine, and shall organize in conformity therewith ; and 
cities and towns heretofore or hereafter organized, and all 
charters thereof framed or adopted by authority of this Consti- 
tution, except in municipal affairs, shall be subject to and 
controlled by general laws. [Adopted November J. 1896] 

Original text. — Sec. 6. Corporations for municioal purposes 
shall nor be created by special laws : but th<> Legislature, by 



94 CONSTITUTION OF CALIFORNIA. ART. XI, § 7 

general laws, shall provide for the incorporation, organization, 
and classification, in proportion to population, of cities and 
towns, which laws may be altered, amended, or repealed. Cities 
and towns heretofore organized or incorporated may become 
organized under such general laws whenever a majority of the 
electors voting at a general election shall so determine, and shall 
organize in conformity therewith ; and cities or towns hereto- 
fore or hereafter organized, and all charters thereof framed or 
adopted by authority of this Constitution, shall be subject to 
and controlled by general laws. 

55 Cal. 244-247, 250; 58 Cal. 566, 575; 60 Cal. 81; 61 

Cal. 277, 319 ; 64 Cal. 242 ; 66 Cal. 5 ; 69 Cal. 465, 470, 

475, 479 ; 73 Cal. 76, 312, 622 ; 74 Cal. 26, 125 ; 76 Cal. 

360, 450; 79 Cal. 354; 81 Cal. 489, 490, 497; 82 Cal. 

341, 342, 344, 345, 483; 84 Cal. 76; 85 Cal. 346, 369; 

86 Cal. 41; 87 Cal. 92, 606; 88 Cal. 373; 89 Cal. 522; 

91 Cal. 249 ; 92 Cal. 297, 316 ; 94 Cal. 74, 621 ; 95 Cal. 

Ill; 97 Cal. 433; 99 Cal. 560; 100 Cal. 571, 574; 102 

Cal. 298, 304; 104 Cal. 275, 644, 647, 648; 109 Cal. 

153; 111 Cal. 103, 105; 114 Cal. 147, 321, 322; 115 

Cal. 514 ; 117 Cal. 573 ; 118 Cal. 403, 404-407 ; 120 Cal. 

391, 394, 395; 123 Cal. 459, 460, 603, 607; 126 Cal. 

386, 387, 392, 394, 396, 400, 401, 410; 127 Cal. 666; 

131 Cal. 33 ; 132 Cal. 381, 442 ; 133 Cal. 104 ; 135 Cal. 

519; 138 Cal. 131, 152; 141 Cal. 207, 213, 214, 215; 

142 Cal. 515; 143 Cal. 553, 555, 556, 558, 560, 567, 

569, 573 ; 144 Cal. 391 ; 145 Cal. 634, 688 ; 147 Cal. 535, 

778; 148 Cal. 382, 629, 752; 150 Cal. 82; 151 Cal. 470. 

472, 652, 654; 152 Cal. 7, 230, 594; 153 Cal. 165, 166, 

169; 154 Cal. 225, 331; 155 Cal. 381, 382, 610, 788; 

157 Cal. 418, 421, 716, 717, 719 ; 158 Cal. 85 ; 159 Cal. 

437 ; 160 Cal. 37, 46, 131 ; 161 Cal. 280, 281 ; 166 Cal. 

609; 167 Cal. 312, 320; 19 Cal. App. Dec. 440; 1 Cal. 

App. 633 ; 3 Cal. App. 274 ; 4 Cal. App. 238 ; 5 Cal. App. 

578, 580, 581 ; 6 Cal. App. 223 ; 8 Cal. App. 55 ; 9 Cal. 

App. 781 ; 10 Cal. App. 468 ; 11 Cal. App. 361, 406, 407 ; 

12 Cal. App. 529; 13 Cal. App. 277, 583, 774; 15 Cal. 

App. 588 ; 20 Cal. App. 19 ; 24 Cal. App. 347. 

Consolidation of city and county governments. 

Sec. 7. City and county governments may be merged and 
consolidated into one municipal government, with one set of 
officers, and may be incorporated under general laws providing 
for the incorporation and organization of corporations for 
municipal purposes. The provisions of this Constitution applic- 



ART. XI. § ~i CONSTITUTION OF CALIFORNIA. 95 

able to cities, and also those applicable to counties, so far as 
not inconsistent or prohibited to cities, shall be applicable to 
such consolidated government. [Amendment adopted Novem- 
ber 6. 1S9J] 

Original text. — Sec. 7. City and county governments may 
be merged and consolidated into one municipal government, with 
one set of officers, and may be incorporated under general laws 
providing for the incorporation and organization of corporations 
for municipal purposes. The provisions of this Constitution 
applicable to cities, and also those applicable to counties, so far 
as not inconsistent or not prohibited to cities, shall be applicable 
to such consolidated government. In consolidated city and 
county governments of more than one hundred thousand popula- 
tion, there shall be two boards of supervisors or houses of 
legislation — one of which, to consist of twelve persons, shall be 
elected by general ticket from the city and county at large, and 
shall hold office for the term of four years, but shall be so 
classified that after the first election only six shall be elected 
every two years: the other, to consist of twelve persons, shall be 
elected every two years, and shall hold office for the term of two 
years. Any vacancy occurring in the office of supervisor, in 
either board, shall be filled by the mayor or other chief executive 
officer. 

55 Cal. 243-252 ; 56 Cal. 104 ; 58 Cal. 566 ; 60 Cal. 81 ; 

61 Cal. 37. 277 ; 64 Cal. 242 ; 79 Cal. 113 ; 84 Cal. 306 ; 

91 Cal. 590 ; 111 Cal. 103 : 113 Cal. 645 ; 114 Cal. 320, 

321; US Cal. 40S ; 129 Cal. 574. 

County charters. 

Sec. 7f. Any county may frame a charter for its own gov- 
ernment consistent with and subject to the Constitution (or, 
having framed such a charter, may frame a new one), and 
relating to matters authorized by provisions of the Constitution, 
by causing a board of fifteen freeholders, who have been for at 
least five years qualified electors thereof, to be elected by the 
qualified electors of said county, at a general or special election. 
Said board of freeholders may be so elected in pursuance of an 
ordinance adopted by the vote of three fifths of all the members 
of the board of supervisors of such county, declaring that the 
public interest requires the election of such board for the purpose 
of preparing and proposing a charter for said county, or in 
pursuance of a petition of qualified electors of said county as 
hereinafter provided. Such petition, signed by fifteen per centum 
of the qualified electors of said county, computed upon the total 
number of votes cast therein for all candidates for Governor 
at the last preceding general election at which a Governor was 
elected, praying for the election of a board of fifteen freeholders 



90 CONSTITUTION OF CALIFORNIA. ART. XI, § 7$ 

to prepare and propose a charter for said county, may be filed 
in the office of the county clerk. It shall be the duty of said 
county clerk, within twenty days after the filing of said peti- 
tion, to examine the same, and to ascertain from the record of 
the registration of electors of the county, whether said petition 
is signed by the requisite number of qualified electors. If 
required by said clerk, the board of supervisors shall authorize 
him to employ persons specially to assist him in the work of 
examining such petition, and shall provide for their compensa- 
tion. Upon the completion of such examination, said clerk shall 
forthwith attach to said petition his certificate, properly dated, 
showing the result thereof, and if, by said certificate, it shall 
appear that said petition is signed by the requisite number of 
qualified electors, said clerk shall immediately present said peti- 
tion to the board of supervisors, if it be in session, otherwise 
at its next regular meeting after the date of such certificate. 
Upon the adoption of such ordinance, or the presentation of 
such petition, said board of supervisors shall order the holding 
of a special election for the purpose of electing such board of 
freeholders, which said special election shall be held not less 
than twenty days nor more than sixty days after the adoption 
of the ordinance aforesaid or the presentation of said petition 
to said board of supervisors ; provided, that if a general election 
shall occur in said county not less than twenty days nor more 
than sixty days after the adoption of the ordinance aforesaid, 
or such presentation of said petition to said board of super- 
visors, said board of freeholders may be elected at such general 
election. Candidates for election as members of said board of 
freeholders shall be nominated by petition, substantially in the 
same manner as may be provided by general law for the nomi- 
nation, by petition of electors, of candidates for county offices, 
to be voted for at general elections. It shall be the duty of 
said board of freeholders, within one hundred and twenty days 
after the result of such election shall have been declared by 
said board of supervisors, to prepare and propose a charter 
for said county, which shall be signed in duplicate by the mem- 
bers of said board of freeholders, or a majority of them, and be 
filed, one copy in the office of the county clerk of said county 
and the other in the office of the county recorder thereof. 
Said Board of Supervisors shall thereupon cause said proposed 
charter to be published for at least ten times in a daily news- 
paper of general circulation, printed, published and circulated 
in said county ; provided, that in any county where no such 



Art. XI. §7* constitution of California. J»7 

daily newspaper is printed, published and circulated, such pro- 
posed charter shall be published for at least three times in 
at least one weekly newspaper, of general circulation, printed, 
published and circulated in such county; and provided, that 
in any county where neither such daily nor such weekly news- 
paper is printed, published and circulated, a copy of such pro- 
posed charter shall be posted by the county clerk in three public 
places in said county, and on or near the entrance to at least 
one public schoolhouse in each school district in said county, 
and the first publication or the posting of such proposed charter 
shall be made within fifteen days after the filing of a copy 
thereof, as aforesaid, in the office of the county clerk. Said 
proposed charter shall be submitted by said board of super- 
visors to the qualified electors of said county at a special election 
held not less than thirty days nor more than sixty days after 
the completion of such publication, or after such posting ; pro- 
vided, that if a general election shall occur in said county not 
less than thirty days nor more than sixty days after the com- 
pletion of such publication, or after such posting, then such 
proposed charter may be so submitted at such general election. 
If a majority of said qualified electors, voting thereon at such 
general or special election, shall vote in favor of such proposed 
charter, it shall be deemed to be ratified, and shall be forthwith 
submitted to the Legislature, if it be in regular session, other- 
wise at its next regular session, or it may be submitted to the 
Legislature in extraordinary session, for its approval or rejec- 
tion as a whole, without power of alteration or amendment. 
Such approval may be made by concurrent resolution, and if 
approved by a majority vote of the members elected to each 
house, such charter shall become the charter of such county 
nnd shall become the organic law thereof relative to the matters 
therein provided, and supersede any existing charter framed 
under the provisions of this section, and all amendments thereof, 
and shall supersede all laws inconsistent with such charter 
relative to the matters provided in such charter. A copy of 
such charter, certified and authenticated by the chairman and 
r-lerk of the board of supervisors under the seal of said board 
and attested by the county cierk of said county, setting forth 
the submission of such charter to the electors of said county, 
and its ratification by them, shall, after the approval of such 
charter by the Legislature, be made in duplicate, and filed, one 
in tho office of the Secretary of State and the other, after being 
recorded in the office of the recorder of said county, shall be 

5—15736 



98 CONSTITUTION OF CALIFORNIA. ART. XI, § 7$ 

filed in the office of the county clerk thereof, and thereafter all 
courts shall take judicial notice of said charter. 

The charter, so ratified, may be amended by proposals therefor 
submitted by the board of supervisors of the county to the 
qualified electors thereof at a general or special election held 
not less than thirty days nor more than sixty days after the 
publication of such proposals for ten times in a daily newspaper 
of general circulation, printed, published and circulated in said 
county ; provided, that in any county where no such daily news- 
paper is printed, published and circulated, such proposed charter 
shall be published for at least three times in at least one weekly 
newspaper, of general circulation, printed, published and circu- 
lated in such county ; provided, that in any county where neither 
such daily nor such weekly newspaper is printed, published and 
circulated, a copy of such proposed charter shall be posted by 
the county clerk in three public places in said county, and on 
or near the entrance to at least one public schoolhouse in each 
school district in said county. If a majority of such qualified 
electors voting thereon, at such general or special election, shall 
vote in favor of any such proposed amendment or amendments, 
or any amendment or amendments proposed by petition as here- 
inafter provided, such amendment or amendments shall be 
deemed to be ratified, and shall be forthwith submitted to the 
Legislature, if it be in regular session, otherwise at its 
next regular session, or may be submitted to the Legislature 
in extraordinary session, for approval or rejection as a 
whole, without power of alteration or amendment, and if 
approved by the Legislature, as herein provided for the 
approval of the charter, such charter shall be amended accord- 
ingly. A copy of such amendment or amendments shall, after 
the approval thereof by the Legislature, be made in duplicate, 
and shall be authenticated, certified, recorded and filed as 
herein provided for the charter, and with like force and effect. 
Whenever a petition signed by ten per centum of the qualified 
electors of any county, computed upon the total number of votes 
cast in said county for all candidates for Governor at the last 
general election, at which a Governor was elected, is filed in 
the office of the county clerk of said county, petitioning the 
board of supervisors thereof to submit any proposed amend- 
ment or amendments to the charter of such county, which 
amendment or amendments shall be set forth in full in such 
petition, to the qualified electors thereof, such petition shall 
forthwith be examined and certified by the county clerk, and 



ABT. XI, § 7* CON SI IT UTION OF CALIFORNIA. §9 

if signed by the requisite number of qualified elector of such 
county, shall be presented to the said board of supervisors, by 
the said county clerk, as hereinbefore provided for petitions for 
the election of boards of freeholders. Upon the presentation 
of said petition to said board of supervisors, said board must 
submit the amendment or amendments set forth therein to the 
qualified electors of said county at a general or special election 
held not less than thirty days nor more than sixty days after 
the publication or posting of such proposed amendment or 
amendments in the same manner as hereinbefore provided in the 
case of the submission of any proposed amendment or amend- 
ments to such charter, proposed and submitted by the board of 
supervisors. In submitting any such charter, or amendments 
thereto, any alternative article or proposition may be presented 
for the choice of the electors, and may be voted on separately 
without prejudice to others. 

Every special election held under the provisions of this sec- 
tion, for the election of boards of freeholders or for the sub- 
mission of proposed charters, or any amendment or amend- 
ments thereto, shall be called by the board of supervisors, by 
ordinance, which shall specify the purpose and time of such 
election and shall establish the election precincts and designate 
the polling places therein, and the names of the election officers 
for each such precinct. Such ordinance, prior to such election, 
shall be published five times in a daily newspaper, or twice iu 
a weekly newspaper, if there be no such daily newspaper, 
printed, published and circulated in said county ; provided, that 
if no such daily or weekly newspaper be printed or published 
in such county, then a copy of such ordinance shall be posted 
by the county clerk in three public places in such county and in 
or near the entrance to at least one public schoolhouse in each 
school district therein. In all other respects, every such election 
shall be held and conducted, the returns thereof canvassed and 
the result thereof declared by the board of supervisors in the 
same manner as provided by law for general elections. When- 
ever boards of freeholders shall be elected, or any such pro- 
1 charter, or amendment or amendments thereto, submitted, 
at a general election, the general laws applicable to the election 
of county officers and the submission of propositions to the vote 
of electors, shall be followed in so far as the same may be 
applicable thereto. 

It shall be competent, in all charters, framed under the 
authority given by this section to provide, in addition to any 



100 CONSTITUTION OF CALIFORNIA. ART. XI, § 7| 

other provisions allowable by this constitution, and the same 
shall provide, for the following matters: 

1. For boards of supervisors and for the constitution, regu- 
lation and government thereof, for the times at which and the 
terms for which the members of said board shall be elected, for 
the number of members, not less than three, that shall consti- 
tute such boards, for their compensation and for their election, 
either by the electors of the counties at large or by districts ; 
provided, that in any event said board shall consist of one mem- 
ber for each district, who must be a qualified elector thereof; 
and 

2. For sheriffs, county clerks, treasurers, recorders, license 
collectors, tax collectors, public administrators, coroners, sur- 
veyors, district attorneys, auditors, assessors and superintend- 
ents of schools, for the election or appointment of said officers, 
or any of them, for the times at which and the terms for which, 
said officers shall be elected or appointed, and for their compen- 
sation, or for the fixing of such compensation by boards of 
supervisors, and, if appointed, for the manner of their appoint- 
ment ; and 

3. For the number of justices of the peace and constables for 
each township, or for the number of such judges and other 
officers of such inferior courts as may be provided by the Con- 
stitution or general law, for the election or appointment of said 
officers, for the times at which and the terms for which said 
officers shall be elected or appointed, and for their compensation, 
or for the fixing of such compensation by boards of supervisors, 
and if appointed, for the manner of their appointment ; and 

4. For the powers and duties of boards of supervisors and all 
other county officers, for their removal and for the consolidation 
and segregation of county offices, and for the manner of filling 
all vacancies occurring therein ; provided, that the provisions of 
such charters relating to the powers and duties of boards of 
supervisors and all other county officers shall be subject to and 
controlled by general laws ; and 

4f. For the assumption and discharge by county officers of 
certain of the municipal functions of the cities and towns within 
the county, whenever, in the case of cities and towns incor- 
porated under general laws, the discharge by county officers of 
such municipal functions is authorized by general law, or when- 
ever, in the case of cities and towns organized under section 
eight of this article, the discharge by county officers of such 



Aki.XI.S7A eoNSTlllTlON OF CALIFORNIA. LOJ 

municipal functions is authorized by provisions of the charters, 
or by amendments thereto, of such cities or towns. 

.">. For the fixing and regulation by boards of supervisors, by 
ordinance, of the appointment and number of assistants, depu- 
ties, clerks, attaches and other persons to be employed, from 
time to time, in the several offices of the county, and for the 
prescribing and regulating by such boards of the powers, duties, 
qualifications and compensation of such persons, the times at 
which, and terms for which they shall be appointed, and the 
mauner of their appointment and removal ; and 

6. For the compensation of such fish and game wardens, pro- 
bation and other officers as may be provided by general law, or 
for the fixing of such compensation by boards of supervisors. 
All elective officers of counties, and of townships, of road dis- 
tricts and of highway construction divisions therein shall bo 
nominated and elected in the manner provided by general laws 
for the nomination and election of such officers. 

All charters framed under the authority given by this section. 
in addition to the matters herein above specified, may provide 
as follows : 

For offices other than those required bj^ the Constitution and 
laws of the State, or for the creation of any or all of such 
offices by boards of supervisors, for the election or appointment 
of persons to fill such offices, for the manner of such appoint- 
ment, for the times at which and the terms for which such per- 
-hall be so elected or appointed, and for their compensation, 
<>r for the fixing of such compensation by boards of supervisors. 
For offices hereafter created by this constitution or by general 
law. for the election or appointment of persons to fill such 
offices, for the manner of such appointment, for the times at 
which and the terms for which such persons shall be so elected 
or appointed, and for their compensation, or for the fixing of 
such compensation by boards of supervisors. 

For the formation, in such counties, of road districts for ill" 
care, maintenance, repair, inspection and supervision only of 
roads, highways and bridges : and for the formation, in such 
counties, of highway construction divisions for the construction 
only of roads, highways and bridges ; for the inclusion in any 
such district or division, of the whole or any part of any incor- 
porated city or town, upon ordinance passed by such incorpo 
rated city or town authorizing tin- same, and upon the assent 
such inclusion by a majority of the qualified electors of such 



102 CONSTITUTION OF CALIFORNIA. AbT. XI, § 7f 

incorporated city or town, or portion thereof, proposed to be so 
included, at an election held for that purpose; for the organi- 
zation, government, powers and jurisdiction of such districts 
and divisions, and for raising revenue therein, for such pur- 
poses, by taxation, upon the assent of a majority of the qualified 
electors of such districts or divisions, voting at an election to be 
held for that purpose ; for the incurring of indebtedness therefor 
by such counties, districts or divisions for such purposes respec- 
tively, by the issuance and sale, by the counties, of bonds of 
such counties, districts or divisions, and the expenditure of the 
proceeds of the sale of such bonds, and for levying and collecting 
taxes against the property of the counties, districts or divisions, 
as the case may be, for the payment of the principal and inter- 
est of snch indebtedness at maturity ; provided, that any such 
indebtedness shall not be incurred without the assent of two 
thirds of the qualified electors of the county, district or division, 
as the case may be, voting at an election to be held for that 
purpose, nor unless before or at the time of incurring such 
indebtedness provision shall be made for the collection of an 
annual tax sufficient to pay the interest on such indebtedness 
as it falls due, and also for a sinking fund for the payment of 
the principal thereof on or before maturity, which shall not 
exceed forty years from the time of contracting the same, and 
the procedure for voting, issuing and selling such bonds shall, 
except in so far as the same shall be prescribed in such charters, 
conform to general laws for the authorizing and incurring by 
counties of bonded indebtedness, so far as applicable ; provided, 
further, that provisions in such charters for the construction, 
care, maintenance, repair, inspection and supervision of roads, 
highways and bridges for which aid from the State is granted, 
shall be subject to such regulations and conditions as may be 
imposed by the Legislature. 

Whenever any county has framed and adopted a charter, and 
the same shall have been approved by the Legislature, as herein 
provided, the general laws adopted by the Legislature in pur- 
suance of sections four and five of this article, shall, as to such 
county, be superseded by said charter as to matters for which, 
under this section it is competent to make provision in such 
charter, and for whiclr provision is made therein, except as 
herein otherwise expressly provided ; and except that any such 
charter shall not affect the tenure of office of the elective officers 
of the county, or of any district, township or division thereof, 



AKT. XJ. § 8 CONSTITUTION OF CALIFORNIA. 108 

in office at the time such charter goes into effect, and such 
officers shall continue to hold their respective offices until the 
expiration of the term for which they shall have been elected, 
unless sooner removed in the manner provided by law. 

The charter of any county, adopted under the authority of 
this section, may be surrendered and annulled with the assent 
of two thirds of the qualified electors of such county, voting at 
a special election, held for that purpose, and to be ordered and 
called by the board of supervisors of the county upon receiving 
a written petition, signed and certified as hereinabove provided 
for the purposes of the adoption of charters, requesting said 
board to submit the question of the surrender and annulment of 
such charter to the qualified electors of such county, and, in the 
event of the surrender and annulment of any such charter, such 
county shall thereafter be governed under general laws in force 
for the government of counties. 

The provisions of this section shall not be applicable to any 
county that is consolidated with any city. [Amendment adopted 
November 3, 1914] 

Amendment of 1911. — Section 7^, a new section, was adopted 
October 10, 1911. The amended section adopted November 3, 
1914. is in the same form as the original section except in the 
following particulars : 

First — The first sentence of the original section read as fol- 
lows : "Any county may frame a charter for its own government 
consistent with and subject to the Constitution (or having 
framed such a charter, may frame a new one) relating to the 
matters hereinafter in this section specified, and none other, by 
causing a board of fifteen freeholders, who have been for at least 
five years qualified electors thereof, to be elected by the qualified 
electors of said county, at a general or special election." 

Second — A new paragraph, numbered 4£, was inserted in the 
latter part of the section dealing with essential provisions of 
county charters. 

City charters. 

Section 8. Any city or city and county containing a popula- 
tion of more than three thousand five hundred inhabitants, as 
ascertained by the last preceding census taken under the 
authority of the Congress of the United States or of the Legis- 
lature of California, may frame a charter for its own government, 
consistent with and subject to this constitution ; and any city, 
or city and county having adopted a charter may adopt a new 
one. Any such charter shall be framed by a board of fifteen 
freeholders chosen by the electors of such city at any general 
or special election, but no person shall be eligible as a candidate 



104 CONSTITUTION OF CALIFORNIA. ART. XI, § 8 

for such board unless he shall have been, for the five years next 
preceding, an elector of said city. An election for choosing 
freeholders may be called by a two-thirds vote of the legislative 
body of such city, and, on presentation of a petition signed by 
not less than fifteen per cent of the registered electors of such 
city, the legislative body shall call such election at any time not 
less than thirty nor more than sixty days from date of the 
filing of the petition. Any such petition shall be verified by the 
authority having charge of the registration records of such city 
or city and county and the expenses of such verification shall be 
provided by the legislative body thereof. Candidates for the 
office of freeholders shall be nominated either in such manner as 
may be provided for the nomination of officers of the municipal 
government or by petition, substantially in the same manner as 
may be provided by general laws for the nomination by petition 
of electors of candidates for public offices to be voted for at gen- 
eral elections. The board of freeholders shall, within one hun- 
dred and twenty days after the result of the election is declared, 
prepare and propose a charter for the government of such city ; 
but the said period of one hundred and twenty days may with the 
consent of the legislative body of such city be extended by such 
board not exceeding a total of sixty days. The charter so pre- 
pared shall be signed by a majority of the board of freeholders 
and filed in the office of the clerk of the legislative body of said 
city. The legislative body of said city shall within fifteen days 
after such filing cause such charter to be published once in the 
official paper of said city ; (or in case there be no such paper, in 
a paper of general circulation) ; and shall cause copies of such 
charter to be printed in convenient pamphlet form, and shall, 
until the date fixed for the election upon such charter, advertise 
in one or more papers of general circulation published in said 
city a notice that such copies may be had upon application 
therefor. Such charter shall be submitted to the electors of 
such city at a date to be fixed by the board of freeholders, before 
such filing and designated on such charter, either at a special 
election held not less than sixty days from the completion of the 
publication of such charter as above provided, or at the general 
election next following the expiration of said sixty days. If a 
majority of the qualified voters voting thereon at such general 
or special election shall vote in favor of such proposed charier, 
it shall be deemed to be ratified, and shall be submitted to the 
Legislature, if then in session, or at the next regular or special 
session of the Legislature. The Legislature shall by concurrent 



Ait. XI, i 8 constitution of ualifoenia. 105 

resolution approve or reject such charter as a whole, without 
power of alteration or amendment; and if approved by a 
majority of the members elected to each house it shall become 
the organic law of such city or city and county, and supersede 
any existing charter and all laws inconsistent therewith. One 
copy of the charter so ratified and approved shall be filed with 
the Secretary of State, one with the recorder of the county in 
which such city is located, and one in the archives of the city ; 
and thereafter the courts shall take judicial notice of the pro- 
visions of such charter. The charter of any city or city and 
county may be amended by proposals therefor submitted by the 
legislative body of the city on its ow t u motion or on petition 
signed by fifteen per cent of the registered electors, or both. 
Such proposals shall be submitted to the electors only during 
the six months next preceding a regular session of the Legis- 
lature or thereafter and before the final adjournment of that 
session and at either a special election called for that purpose 
or at any general or special election. Petitions for the submis- 
sion of any amendment shall be filed with the legislative body of 
the city or city and county not less than sixty days prior to the 
general election next preceding a regular session of the Legis- 
lature. The signatures on such petitions shall be verified by the 
authority having charge of the registration records of such city 
or city and county, and the expenses of such verification shall 
be provided by the legislative body thereof. If such petitions 
have a sufficient number of signatures the legislative body of the 
city or city and county shall so submit the amendment or 
amendments so proposed to the electors. Amendments proposed 
by the legislative body and amendments proposed by petition of 
the electors may be submitted at the same election. The amend- 
ments so submitted shall be advertised in the same manner as 
herein provided for the advertisement of a proposed charter, and 
the election thereon held at a date to be fixed by the legislative 
body of such city, not less than forty and not more than sixty 
days after the completion of the advertising in the official paper. 
If a majority of the qualified voters voting on any such amend- 
ment vote in favor thereof it shall be deemed ratified, and shall 
be submitted to the Legislature at the regular session next fol- 
lowing such election ; and approved or rejected without power of 
alteration in the same manner as herein provided for the ap- 
proval or rejection of a charter. In submitting any such charter 
or amendment separate propositions, whether alternative or 
conflicting, or ono included within the other, may be submitted 



106 CONSTITUTION OF CALIFORNIA. ART. XI, § 8 

at the same time to be voted on by the electors separately, and, 
as between those so related, if more than one receive a majority 
of the votes, the proposition receiving the larger number of votes 
shall control as to all matters in conflict. It shall be competent 
in any charter framed under the authority of this section to 
provide that the municipality governed thereunder may make 
and enforce all laws and regulations in respect to municipal 
affairs, subject only to the restrictions and limitations provided 
in their several charters and in respect to other matters they 
shall be subject to general laws. It shall be competent in any 
charter to provide for the division of the city or city and county 
governed thereby into boroughs or districts, and to provide that 
each such borough or district may exercise such general or 
special municipal powers, and to be administered in such man- 
ner, as may be provided for each such borough or district in the 
charter of the city or city and county. 

The percentages of the registered electors herein required for 
the election of freeholders or the submission of amendments to 
charters shall be calculated upon the total vote cast in the city or 
city and county at the last preceding general State election ; 
and the qualified electors shall be those whose names appear 
upon the registration records of the same or preceding year. 
The election laws of such city or city and county shall, so far 
as applicable, govern all elections held under the authority of 
this section. [Amendment adopted November 3, 1914] 

Amendment of 1911. — Sec. 8. Any city containing a popula- 
tion of more than three thousand five hundred inhabitants as 
ascertained and established by the last preceding census, taken 
under the direction of the Congress of the United States, or by 
a census of said city, taken, subsequent to the aforesaid census, 
under the direction of the legislative body thereof, under laws 
authorizing the taking of the census of cities, may frame a 
charter for its own government, consistent with, and subject to, 
the Constitution (or having framed such a charter, may frame 
a new one), by causing a board of fifteen freeholders, who shall 
have been, for at least five years, aualified electors thereof, to be 
elected by the qualified electors of said city, at a general or 
special municipal election. Said board of freeholders may be so 
elected in pursuance of an ordinance adopted by a vote of two 
thirds of all the members of the council, or other legislative body, 
of such city, declaring that the public interest requires the elec- 
tion of such board for the purpose of preparing # and proposing 
a charter for said city, or in pursuance of a petition of qualified 
electors of said city, as hereinafter provided. Such petition, 
signed by fifteen per centum of the qualified electors of said city 
computed upon the total number of votes cast therein for all 
candidates for Governor at the last preceding general election at 



ART. XI, §8 CONSTITUTION OF CALIFORNIA. 107 

which a Governor was elected, praying for the election of a 
ooard of fifteen freeholders to prepare and propose a charter for 
said city, may be filed in the office of the city clerk thereof. It 
shall be the duty of said city clerk, within twenty days after 
the filing of said petition, to examine the same and to ascertain 
from the record of the registration of electors of the county, 
showing the registration of electors of said city, whether the 
petition is signed by the requisite number of qualified electors of 
such city. If required by said clerk, the council, or other legis- 
lative body, of said city shall authorize him to employ persons 
specially to assist him in the work of examining such petition, 
and shall provide for their compensation. Upon the completion 
of such examination, said clerk shall forthwith attach to said 
petition his certificate, properly dated, showing the result thereof, 
and if. by said certificate, it shall appear that said petition is 
signed by the requisite number of qualified electors, said clerk 
shall present the said petition to said council, or other legislative 
body, at its next regular meeting after the date of such certifi- 
cate. Upon the adoption of such ordinance, or the presentation 
of such petition, said council, or other legislative body, shall 
order the holding of a special election for the purpose of electing 
such board of freeholders, which said special election shall be 
held not less than twenty days, nor more than sixty days after 
the adoption of the ordinance aforesaid, or the presentation of 
said petition to said council, or other legislative body : provided, 
that if a general municipal election shall occur in said city not 
loss than twenty days, nor more than sixty days, after the 
adoption of the ordinance aforesaid, or the presentation of said 
petition to said council, or other legislative body, said board of 
freeholders may be elected at such general municipal election. 
Candidates for election as members of said board of freeholders 
shall be nominated by petition, substantially in the same manner 
as may be provided by general laws for the nomination by 
petition of electors of candidates for public offices to be voted 
for at sreneral elections. 

It shall be the duty of said board of freeholders, within one 
hundred and twenty days after the result of such election shall 
have been declared by said council, or other legislative body, to 
prepare and propose a charter for said city, which shall be 
Bigned in duplicate by the members of said board of freeholders, 
or a majority of thorn, and be filed, one copy in the office of the 
city clerk of said city, and the other in the office of the county 
recorder of the county in which said city is situated. Said 
council, or other legislative body, shall, thereupon, cause said 
proposed charter to be published for at least ten times, in a daily 
newspaper of general circulation, printed, published and cir- 
culated in said city : provided, that in any city where no such 
daily newspaper is printed, published and circulated, such pro- 
posed charter shall be published, for at least three times, in at 
least one weekly newspaper of ereneral circulation, printed, pub- 
lished and circulated in said city, and, in any event, the first 
publication of such proposed charter shall be made within fifteen 
days after the filing of a copy thereof, as aforesaid, in the office 
of the city clerk. Such proposed charter shall be submitted by 
said council, or other legislative body, to the qualified electors of 



108 CONSTITUTION OF CALIFORNIA. ART. XI, § 8 

said city at a special election held not less than twenty days, nor 
more than forty days, after the completion of such publication ; 
provided, that if a general municipal election shall occur in said 
city not less than twenty days, nor more than forty days, after 
the completion of such publication, then such proposed charter 
may be so submitted at such general election. If a majority of 
such qualified electors voting thereon at such general or special 
election shall vote in favor of such proposed charter, it shall be 
deemed to be ratified, and shall be submitted to the Legislature, 
if it be in regular session, otherwise at its next regular session, 
or it may be submitted to the Legislature in extraordinary ses- 
sion, for its approval or rejection as a whole, without power of 
alteration or amendment. Such approval may be made by con- 
current resolution, and if approved by a majority vote of the 
members elected to each house, such charter shall become the 
charter of such city, or, if such city be consolidated with a 
county, then of such city and county, and shall become the 
organic law thereof, and supersede any existing charter (whether 
framed under the provisions of this section of the Constitution or 
not), and all amendments thereof, and all laws inconsistent with 
such charter. A copy of such charter, certified by the mayor, 
or other chief executive officer of said city, and authenticated 
under the seal of such city, setting forth the submission of such 
charter to the electors of said city, and its ratification by them, 
shall, after the approval of such charter by the Legislature, be 
made in duplicate and deposited, one in the office of the Secretary 
of State and the other, after being recorded in the office of the 
recorder of the county in which such city is situated, shall be 
deposited in the archives of the city, and thereafter all courts 
shall take judicial notice of said charter. 

The charter, so ratified, may be amended by proposals therefor 
submitted by the council, or other legislative body of the city, 
to the qualified electors thereof at a general or special municipal 
election held at intervals of not less than two years (except that 
charter amendments may be submitted at a general municipal 
election at an interval of less than two vears after the last 
election on charter amendments ; provided, that no other election 
on charter amendments has been held since the beffinninsr of the 
last regular session of the State Legislature or shall be held prior 
to the next regular session of the State Legislature), and held 
not less than twenty days, nor more than forty days, after the 
completion of the publication of such proposals for ten times in 
a daily newspaper of general circulation, printed, published and 
circulated in said city, or for three times in at least one weekly 
newspaper of general circulation, printed, published and cir- 
culated in said city, if there be no such daily newspaper. If 
a majority of such qualified electors voting thereon at such 
general or special election shall vote in favor of any such pro- 
posed amendment or amendments, or any amendment or amend- 
ments proposed by petition, as hereinafter provided, such 
amendment or amendments shall be deemed to be ratified, and 
shall be forthwith submitted to the Legislature, if it be in regular 
session, otherwise at its next regular session, or may be sub- 
mitted to the Legislature in extraordinary session, for approval 



Art. XI. § B CONSTITUTION of California. 109 

or rejection as a whole, without power of alteration or amend- 
ment, and if approved by the Legislature, as herein provided for 
th 3 approval of the charter, such charter shall be amended 
accordingly. A copy of such amendment or amendments shall, 
after the approval thereof by the Legislature, be made in dupli- 
cate, and shall be authenticated, certified, recorded and filed as 
herein provided for the charter, and with like force and effect. 
Whenever a petition signed by fifteen per centum of the qualified 
electors of the city, computed upon the total number of votes 
cast therein for all candidates for Governor at the last preceding- 
general election at which a Governor was elected, is filed in the 
office of the city clerk of said city, petitioning the council, or 
other legislative body thereof, to submit any proposed amend- 
ment or amendments to the charter of such city, which amend- 
ment or amendments shall be set forth in full in such petition, 
to the qualified electors thereof, such petition shall forthwith 
be examined and certified by the city clerk, and if signed by the 
requisite number of qualified electors of said city, it shall be 
presented to the said council, or other legislative body, by the 
said city clerk, as hereinbefore provided for petitions for the 
election of boards of freeholders. Upon the presentation of said 
petition to said council, or other legislative body, said council, 
or other legislative body, must submit the amendment or amend- 
ments set forth in said petition to the qualified electors of said 
city, at a general or special municipal election, held not less than 
twenty, nor more than forty, days after the completion of the 
publication of such proposed amendment or amendments, in the 
same manner as hereinbefore provided in the case of the sub- 
mission of any proposed amendment or amendments to such 
charter, proposed and submitted by the council, or other legis- 
lative body. The first publication of any proposed amendment 
or amendments to such charter so proposed by petition shall be 
made within fifteen days after the aforesaid presentation of said 
petition to said council, or other legislative body. In submit- 
ting any such charter, amendment or amendments thereto, any 
alternative article or proposition may be presented for the choice 
of the electors, and may be voted on separately without 
prejudice to others. 

Every special election held in any city under the provisions 
of this section, for the election of a board of freeholders, or for 
the submission of any proposed charter or any amendment or 
amendments thereto, shall be called by the council, or other 
legislative body thereof, by ordinance, which shall specify the 
purpose and time of such election, and shall establish the election 
precincts and designate the polling places therein, and the names 
of the election officers for each such precinct. Such ordinance 
shall, prior to such election, be published five times in a daily 
newspaper, or twice in a weekly newspaper, if there be no such 
daily newspaper printed, published and circulated in said city. 
Such election shall be held and conducted, the returns thereof 
canvassed, and the result thereof declared by the council, or 
other legislative body of such city, in the manner that is now or 
may be hereafter provided by general law for such elections in 
the' particulars wherein such provision is now or may hereafter 
be made therefor, and in all other respects in the manner pro- 



110 CONSTITUTION OF CALIFORNIA. ART. XI, § 8 

vided by law for general municipal elections, in so far as the 
same may be applicable thereto. 

Whenever any board of freeholders shall be elected, or any 
such proposed charter or amendment or amendments thereto 
shall be submitted at a general municipal election, the laws 
governing the election of city officers or the submission of 
propositions to the vote of electors, shall be followed in so far 
as the same may be applicable thereto and not inconsistent 
herewith. 

It shall be competent in any charter framed by any city under 
the authority given in this section, or by amendment to such 
charter, to provide, in addition to those provisions allowed by 
this Constitution and by the laws of the State, for the establish- 
ment of a borough system of government for the whole or any 
part of the territory of such city, by which one or more districts 
may be created therein, which districts shall be known as 
boroughs, and which shall exercise such special municipal powers 
as may be granted by such charter, and for the organization, 
regulation, government and jurisdiction of such boroughs. 

All provisions of this section relating to the city clerk 
shall, in any city and county, be deemed to relate to the clerk 
of the legislative body thereof. [Adopted October 10, 1911] 

Amendment of 1906. — Sec. 8. Any city containing a popula- 
tion of more than three thousand five hundred inhabitants may 
frame a charter for its own government, consistent with and 
subject to the Constitution (or, having framed such a charter, 
may frame a new one), by causing a board of fifteen freeholders, 
who shall have been for at least five years qualified electors 
thereof, to be elected by the qualified voters of said city at any 
general or special election, whose duty it shall be, within ninety 
days after such election, to prepare and propose a charter for 
such city, which shall be signed in duplicate by the members of 
such board, or a majority of them, and returned, one copy to 
the mayor thereof, or other chief executive officer of such city, 
and the other to the recorder of the county. Such proposed 
charter shall then be published in two daily newspapers of 
general circulation in such city, for at least twenty days, and 
the first publication shall be made within twenty days after the 
completion of the charter ; provided, that in cities containing a 
population of not more than ten thousand inhabitants, such 
proposed charter shall be published in one such daily newspaper ; 
and within thirty days after such publication it shall be sub- 
mitted to the qualified electors of said city at a general _ or 
special election, and if a majority of such qualified electors voting 
thereon shall ratify the same, it shall thereafter be submitted to 
the Legislature for its approval or rejection as a whole, without 
power of alteration or amendment. Such approval may be 
made by concurrent resolution, and if approved by a majority 
vote of the members elected to each house, it shall become the 
charter of such city, or, if such city be consolidated with a 
county, then of such city and county, and shall become the 
organic law thereof, and supersede any existing charter (whether 
framed under the provisions of this section of the Constitution 
or not), and all amendments thereof, and all laws inconsistent 



ART. XI, § 8 CONSTITUTION OF CALIFORNIA. Ill 

with such charter. A copy of such charter, certified by the 
mayor, or chief executive officer, and authenticated by the seal 
of such city, setting forth the submission of such charter to the 
electors, and its ratification by them, shall after the approval of 
such charter by the Legislature, be made in duplicate, and 
deposited, one in the office of the Secretary of State, and the 
other, after being recorded in said recorder's office, shall be 
deposited in the archives of the city, and thereafter all courts 
shall take judicial notice of said charter. The charter, so rati- 
fied, may be amended at intervals of not less than two years by 
proposals therefor, submitted by the legislative authority of the 
city to the qualified electors thereof at a general or special elec- 
tion, held at least forty days after the publication of such pro- 
posals for twenty days in a daily newspaper of general circula- 
tion in such city, and ratified by a majority of the electors 
voting thereon, and approved by the Legislature as herein pro- 
vided for the approval of the charter. Whenever fifteen per 
cent of the qualified voters of the city shall petition the legis- 
lative authority thereof to submit any proposed amendment or 
amendments to said charter to the qualified voters thereof for 
approval, the legislative authority thereof must submit the same. 
In submitting any such charter, or amendments thereto, any 
alternative article or proposition may be presented for the 
choice of the voters, and may be voted on separately without 
prejudice to others. [Adopted yovember 6, 1906] 

Amendment of 1902. — Sec. 8. Any city containing a popu- 
lation of more than three thousand five hundred inhabitants 
may frame a charter for its own government, consistent with 
and subject to the Constitution and laws of this State, by caus- 
ing a board of fifteen freeholders, who shall have been for at 
least five years qualified electors thereof, to be elected by the 
qualified voters of said city at any general or special election, 
whose duty it shall be, within ninety days after such election, 
to prepare and propose a charter for such city, which shall be 
signed in duplicate by the members of such board, or a majority 
of them, and returned, one copy to the mayor thereof, or other 
chief executive officer of such city, and the other to the recorder 
of the county. Such proposed charter shall then be published 
in two daily newspapers of general circulation in such city, for 
at least twenty days, and the first publication shall be made 
within twenty days after the completion of the charter ; provided, 
that in cities containing a population of not more than ten 
thousand inhabitants, such proposed charter shall be published 
in one such daily newspaper ; and within not less than thirty 
days after such publication it shall be submitted to the qualified 
electors of said city at a general or special election, and if a 
majority of such qualified electors voting thereon shall ratify the 
same, it shall thereafter be submitted to the Legislature for 
its approval or rejection as a whole, without power of alteration 
or amendment. Such approval may be made by concurrent reso- 
lution, and if approved by a majority vote of the members 
elected to each house, it shall become the charter of such city, 
or if such city be consolidated with a county, then of such city 
and county, and shall become the organic law thereof, and super- 



112 CONSTITUTION OF CALIFORNIA. ART. XI, § 8 

sede any existing charter and all amendments thereof, and all 
laws inconsistent with such charter. A copv of such charter, 
certified by the mayor, or chief executive officer, and authenti- 
cated by the seal of such city, setting forth the submission of 
such charter to the electors, and its ratification by them, shall, 
after the approval of such charter by the Legislature, be made in 
duplicate, and deposited, one in the office of the Secretary of 
State, and the other, after being recorded in said recorder's 
office, shall be deposited in the archives of the city, and there- 
after all courts shall take judicial notice of said charter. The 
charter, so ratified, may be amended at intervals of not less than 
two years by proposals therefor, submitted by the legislative 
authority of the city to the qualified electors thereof at a general 
or special election, held at least forty days after the publication 
of such proposals for twenty days in a daily newspaper of 
general circulation in such city, and ratified by a majority of 
the electors voting thereon, and approved by the Legislature as 
herein provided for the approval of the charter. Whenever 
fifteen per cent of the qualified voters of the city shall petition 
the legislative authority thereof to submit any proposed amend- 
ment or amendments to said charter to the qualified voters 
thereof for approval, the legislative authority thereof must 
submit the same. In submitting any such charter, or amend- 
ments thereto, any alternative article or proposition may be 
presented for the choice of the voters, and may be voted on 
separately without prejudice to others. [Adopted November '/. 
1902] 

Amendment of 1892. — Sec. 8. Any city containing a popula- 
tion of more than three thousand five hundred inhabitants may 
frame a charter for its own government, consistent with and 
subject to the Constitution and laws of this State, by causing 
a board of fifteen freeholders, who shall have been for at least 
five years qualified electors thereof, to be elected by the qualified 
voters of said city, at any general or special election, whose duty 
it shall be, within ninety days after such election, to prepare 
and propose a charter for such city, which shall be signed in 
duplicate by the members of such board, or a majority of them, 
and returned, one copy to the mayor thereof, or other chief 
executive officer of such city, and the other to the recorder of 
the county. Such proposed charter shall then be published in 
two daily newspapers of general circulation in such city for at 
least twenty days, and the first publication shall be made within 
twenty days after the completion of the charter ; provided, that 
in cities containing a population of not more than ten thousand 
inhabitants such proposed charter shall be published in one such 
daily newspaper; and within not less than thirty days after 
such publication it shall be submitted to the qualified electors of 
said city, at a general or special election : and if a majority of 
such qualified electors voting thereat shall ratify the same, it 
shall thereafter be submitted to the Legislature for its approval 
or rejection as a whole, without power of alteration or amend- 
ment. Such approval may be made by concurrent resolution, 
and if approved by a majority vote of the members elected to each 
house it shall become the charter of such city, or if such city be 



AHl. XI. g 8 CONSTITUTION OF CALIFORNIA. 113 

consolidated with a county, then of such city and county, and 
shall become the organic law thereof, and supersede any existing 
charter, and all amendments thereof and all laws inconsistent 
with such charter. A copy of such charter, certified by the 
mayor or chief executive officer, and authenticated by the seal of 
such city, settina forth the submission of such charter to the 
electors, and its ratification by them, shall, after the approval 
of such charter by the Legislature, be made in duplicate, and 
deposited, one in the office of the Secretary of State, and the 
other after being recorded in said recorder's office, shall be 
deposited in the archives of the city : and thereafter all courts 
shall take judicial notice of said charter. The charter so ratified 
may be amended, at intervals of not less than two years, by 
proposals therefor, submitted by the legislative authority of the 
city to the qualified electors thereof, at a general or special 
election held at least forty days after the publication of such 
proposals for twenty days in a daily newspaper of general cir- 
culation in such city, and ratified by at least three fifths of the 
qualified electors voting thereat, and approved by the Legislature 
as herein provided for the approval of the charter. In submit- 
ting any such charter, or amendments thereto, any alternative 
article or proposition may be presented for the choice of the 
voters, and may be voted on separately without prejudice to 
others. [Adopted November 8, 1892] 

Amendment of 18S7. — Sec. S. Any city or consolidated city 
and county, containing a population of more than one hundred 
thousand inhabitants, may frame a charter for its own govern- 
ment, consistent with and subject to the Constitution and laws of 
this State, by causing a board of fifteen freeholders, who shall 
have been for at least five years qualified electors thereof, to be 
elected by the qualified voters of such city, or city and county, 
at any general or special election, whose duty it shall be, within 
one hundred days after such election to prepare and propose a 
charter for such city, or city and county, which shall be signed 
in duplicate by the members of such board, or a majority of 
them, and returned, one copy thereof to the mayor, or other 
chief executive officer of such city or city and county, and the 
other to the recorder of deeds of the county, or city and county. 
Such proposed charter shall then be published in two daily 
papers of general circulation in such city, or city and county, 
for at least twenty days, and such publication shall be com- 
menced within twenty (20) days after the completion of the 
charter, and within not less than thirty days after the com- 
pletion of such publication it shall be submitted by the legis- 
lative authority of said city, or city and county, to the qualified 
electors thereof at a general or special election, and if a 
majority of such qualified electors voting thereat shall ratify the 
same, it shall thereafter be submitted to the Legislature for its 
approval or rejection ;is a whole, without power of alteration 
or amendment ; and if approved by a majority vote of the mem- 
bers elected to each house, it shall become the charter of such 
city, or if such city be consolidated with a county, then of such 
<ity and county, and shall become the organic law thereof, and 
supersede any existing charter and all amendments thereof, and 



114 CONSTITUTION OF CALLFOBNIA. ART. XI, § 8 

all special laws inconsistent with such charter. A copy of such 
charter, certified by the mayor, or other chief executive officer, 
and authenticated by the seal of such city, or city and county, 
setting forth the submission of such charter to the electors, and 
its ratification by them, shall be made in duplicate, and deposited, 
one in the office of the Secretary of State, the other, after being 
recorded in the office of the recorder of deeds of the county, or 
city and county, among the archives of the city, or city and 
county. All courts shall take judicial notice thereof. The char- 
ter so ratified may be amended at intervals of not less than two 
years, by proposals therefor submitted by legislative authority 
of the city, or city and county, to the qualified voters thereof at 
a general or snecial election held at least sixty days after the 
publication of such proposals, and ratified by at least three fifths 
of the qualified electors voting thereat, and approved by the 
Legislature as herein provided for the approval of the charter. 
In submitting any such charter, or amendment thereto, any 
alternative article or proposition may be presented for the choice 
of the voters, and may be voted on separately without prejudice 
to others. Any city, or consolidated city and county, containing 
a population of more than ten thousand and not more than one 
hundred thousand inhabitants, may frame a charter for its 
own government, consistent with and subject to the Constitution 
and laws of the State, by causing a board of fifteen freeholders, 
who shall have been for at least five years qualified electors 
thereof, to be elected by the qualified voters of said city, or city 
and county, at any general or special election, whose duty it 
shall be, within ninety days after such election, to prepare and 
propose a charter for such city, or city and county, which shall 
be signed in duplicate by the members of such board, or a 
majority of them, and returned, one copy thereof to the mayor, 
or other chief executive officer of said city, or city and county, 
and the other to the recorder of the county, or city and county. 
Such proposed charter shall then be published in two daily 
papers of general circulation in such city, or city and county, 
for at least twenty days, and publication shall be commenced 
within twenty days after the completion of the charter ; and 
within not less than thirty days after the completion of such 
publication it shall be submitted by the legislative authority of 
said city, or city and county, to the qualified electors of said 
city, or city and county, at a general or special election, and if 
a majority of such qualified electors voting thereat shall ratify 
the same, it shall thereafter be submitted to the Legislature for 
its approval or rejection as a whole, without power of alteration 
or amendment, and if approved by a majority vote of the mem- 
bers elected to each house it shall become the charter of such 
city, or if such city be consolidated with a county, then of such 
city and county, and shall become the organic law thereof, and 
shall supersede any existing charter and all amendments thereof, 
and all special laws inconsistent with such charter. A copy of 
such charter, certified by the mayor, or other chief executive 
officer, and authenticated by the seal of such city, or city and 
county, setting forth the submission of such charter to the 
electors, and its ratification by them, shall be made in duplicate. 



Art. XI. § 5 eoNsrnrTioN of califobnia. 115 

and deposited, one in the office of the Secretary of State, and the 
other, after being recorded in the office of the recorder of deeds 
of the county, or city and county, among the archives of the 
city, or city* raid county: and thereafter all courts shall take 
judicial notice thereof. The charter so ratified may be amended, 
at intervals of not less than two years, by proposals therefor, 
submitted by the legislative authority of the city, or city and 
county, to the qualified electors thereof, at a general or special 
election held at least sixty days after the publication of such 
proposals, and ratified by at least three fifths of the qualified 
electors voting thereat, and approved by the Legislature as 
herein provided for the approval of the charter. In submitting 
any such charter, or amendment thereto, any alternative article 
or* proposition may be presented for the choice of the voters, 
and mav be voted on separately without prejudice to others. 
[Adopted April 12. 1887] 

Original text. — Sec. S. Any city containing a population of 
more than one hundred thousand inhabitants may frame a char- 
ter for its own government, consistent with and subject to the 
Constitution and laws of this State, by causing a board of fifteen 
freeholders, who shall have been for at least five years qualified 
electors thereof, to be elected by the qualified voters of such 
city, at any general or special election, whose duty it shall be. 
within ninety days after such election, to prepare and propose a 
charter for such city, which shall be signed in duplicate by the 
members of such board, or a majority of them, and returned 
one copy thereof to the mayor, or other chief executive officer 
of such city, and the other to the recorder of deeds of the county. 
Such proposed charter shall then be published in two daily 
papers of general circulation in such city for at least twenty 
days, and within not less than thirty days after such publication 
it shall be submitted to the qualified electors of such city at a 
general or special election, and if a majority of such qualified 
electors voting thereat shall ratify the same, it shall thereafter 
be submitted to the Legislature for its approval or rejection as a 
whole, without power of alteration or amendment, and if ap- 
proved by a majority vote of the members elected to each house, 
it shall become the charter of such city, or if such city be con- 
solidated with a county, then of such city and county, and shall 
become the organic law thereof, and supersede any existing 
charter and all amendments thereof, and all special laws incon- 
sistent with such charter. A copy of such charter, certified by 
the mayor, or chief executive officer, and authenticated by the 
seal of such city, setting forth the submission of such charter to 
the electors, and its ratification by them, shall be made in 
duplicatp. and deposited, one in the office of the Secretary of 
State, the other, after being recorded in the office of recorder 
of deeds of the county, or city and county, among the archives 
of the city : all courts shall take judicial notice thereof. The 
charter so ratified may be amended at intervals of not less 
than two years, by proposals therefor submitted by legislative 
authority of the city, to the qualified voters thereof at a general 
or special election held at least sixty days after the publication 
of such proposals, and ratified by at least three fifths of the 



116 CONSTITUTION OF CALIFORNIA. ART. XI, § 8(1 

qualified electors voting thereat, and approved by the Legis- 
lature as herein provided for the approval of the charter. In 
submitting any such charter, or amendment thereto, any alterna- 
tive article or proposition may be presented for the choice of the 
voters, and may be voted on separately without prejudice to 
others. 

54 Cal. 405 ; 55 Cal. 253, 613, 616-8, 625 ; 56 Cal. 104 : 

60 Cal. 81, 347 ; 61 Cal. 277, 321 ; 69 Cal. 477 ; 73 Cal. 80, 

82, 83, 87, 89, 90; 79 Cal. 174, 176; 82 Cal. 342, 344; 

85 Cal. 243, 335, 343, 345 ; 86 Cal. 40, 51, 52, 55, 56, 57 ; 

87 Cal. 605, 606 ; 92 Cal. 612, 614, 616 ; 97 Cal. 593 ; 100 

Cal. 571, 572, 574 ; 105 Cal. 623, 624 ; 114 Cal. 147, 321. 

364, 586 ; 115 Cal. 516 ; 119 Cal. 3, 233 ; 121 Cal. 265. 

553 ; 123 Cal. 605 ; 126 Cal. 385, 390, 400, 406, 409, 412 ; 

128 Cal. 463 ; 129 Cal. 574 ; 130 Cal. 89 ; 131 Cal. 204 ; 

132 Cal. 375, 441 ; 133 Cal. 104, 344 ; 134 Cal. 52 ; 135 

Cal. 515 ; 138 Cal. 131 ; 141 Cal. 207, 213 ; 142 Cal. 300 ; 

143 Cal. 569; 145 Cal. 175, 291, 688, 742, 749; 147 Cal. 

530, 534 ; 148 Cal. 133 ; 150 Cal. 74, 81, 82, 89, 92, 83 ; 

151 Cal. 467; 152 Cal. 9; 153 Cal. 164; 155 Cal. 608: 

157 Cal. 147; 158 Cal. 78. 83-87; 160 Cal. 46, 131; 

161 Cal. 280, 281 ; 162 Cal. 100 ; 166 Cal. 79, 85, 89, 92 ; 

4 Cal. App. 238 ; 6 Cal. App. 219, 224 ; 8 Cal. App. 235 ; 

9 Cal. App. 781; 10 Cal. App. 384; 19 Cal. App. Dec. 

440, 579. 

San Francisco charter — Authorizing amendment to aid Panama- 
Pacific International Exposition. 

Sec. 8a. The charter of the city and county of San Fran- 
cisco may be amended, in addition to the method and the times 
provided in section eight of article XI of the Constitution, in the 
following particulars : 

(a) Authorizing the city and county of San Francisco, a 
municipal corporation, by its legislative authority, to incur a 
bonded indebtedness in an amount not exceeding five million dol- 
lars, and to issue municipal bonds therefor, and to grant and 
turn over to the Panama-Pacific International Exposition Com- 
pany (a corporation organized under the laws of the State of 
California March 22, 1910) the proceeds of said bonds, the same 
to be used and disbursed by said exposition company for the pur- 
pose of an exposition to be held in the city and county of San 
Francisco to celebrate the completion of the Panama canal ; 
said bonds, so issued, to be of such form and to be redeemable, 
registered and converted in such manner and amounts, and at 
such times not later than forty years from the date of their 
issue, as such legislative authority shall determine ; the interest 



Art. XI. $ S'i constitution of California. 1 1 . 

on said bonds to not exceed five per centum per annum, and said 
bonds to be exempt from all raxes for Stale and municipal pur- 
poses, and to be sold for not less than par at such times and 
places, and in such manner, as shall be determined by said 
legislative aurhority : the proceeds of said bonds, when sold, to 
be payable immediately by the treasurer of said city and county 
to the treasurer of said Panama-Pacific International Exposition 
Company, upon the demand of said treasurer of said exposition 
company, without the necessity of the approval of such demand 
by other authority, the same to be used and disbursed by said 
Panama-Pacific International Exposition Company for the pur- 
poses of such exposition, under the direction and control of such 
exposition company ; 

(6) Providing that any bonded indebtedness incurred for the 
purposes aforesaid shall be exclusive of the bonded indebtedness 
of the said city and county limited by section nine of article 
XII of said charter ; 

(c) Granting to said Panama-Pacific International Exposi- 
tion Company the exclusive possession and use, together with the 
management and control, of that portion of Golden Gate Park 
in the city and county of Sail Francisco westerly from Twen- 
tieth avenue, as extended, for such exposition purposes, such 
possession and use. also management and control, to terminate 
not later than one year after the closing of such exposition ; 

(d) Granting to said Panama-Pacific International Exposi- 
tion Company the exclusive possession and use, together with the 
management and control, for such exposition purposes, of any 
lands held by the board of education of the city and county 
of San Francisco, and by the city and county of San Francisco, 
not in actual use, such possession and use, also management and 
control, to terminate not later than one year after the closing of 
such exposition ; 

i i i Authorizing said Panama-Pacific International Exposi- 
tion Company to temporarily ciose streets in the city and county 
of San Francisco westerly from Twentieth avenue, for such 
exposition purposes, and to have the exclusive possession and use, 
together with the management and control, of said streets for 
such exposition purposes, such possession and use, also manage- 
ment and control of said streets, to terminate not later than 
one year after Ihe closing of such exposition. 

Proposals to amend the charter of the city and county of 
San Francisco in the foregoing particulars may be submitted ]>$ 



118 CONSTITUTION OF CALIFORNIA, AfcT. XI, § 8$ 

the legislative authority of said city and county to the electors 
of said city and county, at any general or special election (and 
a special election may be called therefor) held in said city and 
county, after the publication of such proposals in a newspaper 
of general circulation in said city and county, for such time as 
shall be determined by said legislative authority. Upon the rati- 
fication of any such proposed amendment by a majority of the 
electors of said city and county voting at such election on such 
proposed amendment, said proposed amendment receiving such 
majority vote shall become operative immediately as an amend- 
ment to said charter, without the necessity of approval thereof 
by the Legislature. 

Any act of the legislative authority of the city and county 
of San Francisco, in submitting to the electors of said city and 
county, at any general or special election, proposals to amend 
the charter of said city and county in the foregoing particulars, 
including any notice by publication or otherwise of such pro- 
posals, and of such election, and the holding of such election, 
in accordance with the provisions hereof, before the adoption of 
this amendment, are hereby validated in all respects as if per- 
formed subsequent to the adoption of this amendment. The dis- 
bursement of all funds obtained from said bonds shall be 
accounted for by said Panama-Pacific International Exposition 
Company by an itemized statement thereof to be filed with the 
auditor of the city and county of San Francisco. [New section 
adopted November 8, 1910] 

City charters, what may contain. 

Sec. 8£. It shall be competent, in all charters framed under 
the authority given by section eight of this article, to provide, 
in addition to those provisions allowable by this Constitution and 
by the laws of the State as follows : 

1. For the constitution, regulation, government, and jurisdic- 
tion of police courts, and for the manner in which, the times at 
which, and the terms for which the judges of such courts shall 
be elected or appointed, and for the qualifications and compensa- 
tion of said judges and of their clerks and attaches ; and for the 
establishment, constitution, regulation, government and jurisdic- 
tion of municipal courts, with such civil and criminal jurisdiction 
as by law may be conferred upon inferior courts ; and for the 
manner in which, the times at which, and the terms for which 
the judges of such courts shall be elected or appointed, and for 



AlU". XI. § Si CONSTITUTION OF CALIFORNIA. 110 

the qualifications and compensation of said judges and of their 
clerks and attaches ; provided, such municipal courts shall never 
be deprived of the jurisdiction given inferior courts created by 
general law. 

In any city or any city and county, when such municipal 
court has been established, there shall be no other court inferior 
to the superior court : and pending actions, trials, and all pend- 
ing business of inferior courts within the territory of such city 
or city and county, upon the establishment of any such munici- 
pal court, shall be and become pending in such municipal court, 
and all records of such inferior courts shall thereupon be and 
become the records of such municipal court. 

2. For the manner in which, the times at which, and the 
terms for which the members of boards of education shall be 
elected or appointed, for their qualifications, compensation and 
removal, and for the number which shall constitute any one of 
such boards. 

3. For the manner in which, the times at which and the terms 
for which the members of the boards of police commissioners 
shall be elected or appointed ; and for the constitution, regu- 
lation, compensation, and government of such boards and of the 
municipal police force. 

4. For the manner in which and the times at which any 
municipal election shall be held and the result thereof deter- 
mined ; for the manner in which, the times at which, and the 
terms for which the members of all boards of election shall be 
elected or appointed, and for the constitution, regulation, com- 
pensation and government of such boards, and of their clerks and 
attaches, and for all expenses incident to the holding of any 
election. 

It shall be competent in any charter framed in accordance 
with the provisions of this section, or section eight of this 
article, for any city or consolidated city and county, and plenary 
authority is hereby granted, subject only to the restrictions of 
this article, to provide therein or by amendment thereto, the 
manner in which, the method by which, the times at which, and 
the terms for which the several county and municipal officers 
and employees whose compensation is paid by such city or city 
and county, excepting judges of the superior court, shall be 
elected or appointed, and for their recall and removal, and for 
their compensation, and for the number of deputies, clerks and 
other employees that each shall have, and for the compensation, 



120 CONSTITUTION OF CALIFORNIA. ART. XI, § 8£ 

method of appointment, qualifications, tenure of office and 
removal of such deputies, clerks and other employees. All pro- 
visions of any charter of any such city or consolidated city and 
county, heretofore adopted, and amendments thereto, which are 
in accordance herewith, are hereby confirmed and declared valid. 

5. It shall be. competent in any charter or amendment thereof, 
which shall hereafter be framed under the authority given by 
section eight of this article, by any city having a population in 
excess of fifty thousand ascertained as prescribed by said section 
eight, to provide for the separation of said city from the county 
of which it has theretofore been a part and the formation of said 
city into a consolidated city and county to be governed by such 
charter, and to have combined powers of a city and county, as 
provided in this Constitution for consolidated city and county 
government, and further to prescribe in said charter the date 
for the beginning of the official existence of said consolidated 
city and county. 

It shall also be competent for any such city, not having already 
consolidated as a city and county to hereafter frame, in the 
manner prescribed in section eight of this article, a charter pro- 
viding for a city and county government, in which charter there 
shall be prescribed territorial boundaries which may include 
contiguous territory not included in such city, which territory, 
however, must be included in the county within which such city 
is located. 

If no additional territory is proposed to be added, then, upon 
the consent to the separation of any such city from the county 
in which it is located, being given by a majority of the qualified 
electors voting thereon in such county and upon the ratification 
of such charter by a majority of the qualified electors voting 
thereon in such city, and the approval thereof by the Legislature, 
as prescribed in section eight of this article, said charter shall 
be deemed adopted and upon the date fixed therein said city 
shall be and become a consolidated city and county. 

If additional territory which consists wholly of only one 
incorporated city or town, or which consists wholly of unin- 
corporated territory, is proposed to be added, then, upon the 
consent to such separation of such territory and of the city 
initiating the consolidation proposal being given by a majority 
of the qualified electors voting thereon in the county in which 
the city proposing such separation is located, and upon the 
ratification of such charter by a majority of the qualified elec- 



Art. XI. § 8^ constitution of California. 121 

tors voting - thereon in such city so proposing the separation, 
and also upon the approval of the proposal hereinafter set forth, 
by a majority of the qualified electors voting thereon in the 
whole of such additional territory, and the approval of said 
charter by the Legislatnre. as prescribed in section eight of this 
article, said charter shall be deemed adopted, the indebtedness 
hereinafter referred to shall be deemed to have been assumed, 
and upon the date fixed in said charter such territory and such 
city shall be and become one consolidated city and county. 

The proposal to be submitted to the territory proposed to 
be added shall be substantially in the following form and sub- 
mitted as one indivisible question : 

"Shall the territory (herein designate in general terms the 
territory to be added) consolidate with the city of (herein insert 
name of the city initiating the proposition to form a city and 
county government) in a consolidated city and county govern- 
ment, and shall the charter as prepared by the city of (herein 
insert the name of the city initiating such proposition) be 
adopted as the charter of the consolidated city and county, and 
shall the said added territory become subject to taxation along 
with the entire territory of the proposed city and county, in 
accordance with the assessable valuation of the property of the 
said territory, for the following indebtedness of said city (herein 
insert name of the city initiating such proposition) to wit: 
(herein insert in general terms reference to any debts to be 
assumed, and if none insert 'none')." 

If additional territory is proposed to be added, which includes 
unincorporated territory and one or more incorporated cities or 
towns, or which includes more than one incorporated city or 
town, the consent of any such incorporated city or town shall 
be obtained by a majority vote of the qualified electors thereof 
voting upon a proposal substantially as follows : 

"Shall therein insert the name of the city or town to be 
included in such additional territory) be included in a district 
to be hereafter defined by the city of (herein insert the name 
of the city initiating the proposition to form a city and county 
rnment) which district shall, within two years from the 
date of this election, vote upon a proposal submitted as one 
indivisible question that such district to be then described and 
:orth shall consolidate with (herein insert name of the city 
initiating said consolidation proposition) in a consolidated city 
and county government, and also thai a certain charter, to be 

6— 1573fi 



122 CONSTITUTION OF CALIFORNIA. ART. XI, § 8$ 

prepared by the city of (herein insert name of the city initiat- 
ing such proposition) be adopted as the charter of such con- 
solidated city and county, and that such district become subject 
to taxation along with the entire territory of the proposed city 
and county in accordance with the assessable valuation of the 
property of said district for the following indebtedness of said 
city of (herein insert name of the city initiating such proposi- 
tion) to wit: (herein insert in general terms, reference to any 
debts to be assumed and if none insert 'none')." 

Any and all incorporated cities or towns to which the fore- 
going proposal shall have been submitted and a majority of 
whose qualified electors voting thereon shall have voted in favor 
thereof, together with such unincorporated territory as the city 
initiating such consolidation proposal may desire to have included, 
the whole to form an area contiguous to said city, shall be 
created into a district by such city, and the proposal substan- 
tially as above prescribed to be used when the territory pro- 
posed to be added consists wholly of only one incorporated city 
or town, or wholly of unincorporated territory, shall, within two 
years, be submitted to the voters of said entire district as one 
indivisible question. 

Upon consent to the separation of such district and of the 
city initiating the consolidation proposal being given by a 
majority of the qualified electors voting thereon in the county 
in which the city proposing such separation is located, and 
upon the ratification of such charter by a majority of the 
qualified electors voting thereon in such city, and upon the 
approval of the proposal hereinbefore set forth by a majority 
of the qualified electors voting thereon in the whole of the 
said district so proposed to be added, and upon the approval 
of said charter by the Legislature, as prescribed in section 
eight of this article, said charter shall be deemed adopted, the 
said indebtedness referred to in said proposal shall be deemed 
to have been assumed, and upon the date fixed in said charter, 
such district and such city shall be and become one consolidated 
city and county. 

6. It shall be competent for any consolidated city and county 
now existing, or which shall hereafter be organized, to annex 
territory contiguous to such consolidated city and county, unin- 
corporated or otherwise, whether situated wholly in one county, 
or parts thereof be situate in different counties, said annexed 
territory to be an integral part of such city and county, pro- 



Art. XI, § S£ constitution of California. 12o 

vided that such annexation of territory shall only include any 
part of the territory which was at the time of the original 
consolidation of the annexing city and county, within the county 
from which such annexing city and county was formed, together 
with territory which was concurrently, or has since such consoli- 
dation been joined in a county government with the area of 
the original county not included in such consolidated city and 
county. 

If additional territory, which consists wholly of only one 
incorporated city, city and county or town, or which consists 
wholly of unincorporated territory, is proposed to be annexed 
to any consolidated city and county now existing or which shall 
hereafter be organized, then, upon the consent to any such 
annexation being given by a majority of the qualified electors 
voting thereon in any county or counties in which any such 
additional territory is located, and upon the approval of such 
annexation proposal by a majority of the qualified electors 
voting thereon in such city and county, and also upon the 
approval of the proposal hereinafter set forth by a majority 
of the qualified electors voting thereon in the whole of such 
territory proposed to be annexed, the indebtedness hereinafter 
referred to shall be deemed to have been assumed, and at the 
time stated in such proposal, such additional territory and such 
city and county shall be and become one consolidated city and 
county, to be governed by the charter of the city and county 
proposing such annexation, and any subsequent amendment 
thereto. 

The proposal to be submitted to the territory proposed to 
be annexed, shall be substantially in the following form and 
submitted as one indivisible question : 

"Shall the territory (herein designate in general terms the 
territory to be annexed) consolidate with the city and county 
of (herein insert the name of the city and county initiating 
the annexation proposal) in a consolidated city and county 
government, said consolidation to take effect (herein insert 
date when such consolidation shall take effect) and shall the 
said annexed territory become subject to taxation, as an integral 
part of the city and county so formed, in accordance with the 
assessable valuation of property of said territory for the follow- 
ing indebtedness of said city and county of (herein insert name 
of the city and county) to wit: (herein insert in general terms, 
reference to any debts to be assumed and if none insert 'none')." 



124 CONSTITUTION OF CALIFORNIA. ART. XI, § 8$ 

If additional territory including unincorporated territory and 
one of more incorporated cities, cities and counties, or towns. 
or including more than one incorporated city, city and county, 
or town, is proposed to be annexed to any consolidated city 
and county now existing or which shall hereafter be organized, 
the consent of each such incorporated city, city and county, 
or town, shall be obtained by a majority vote of the qualified 
electors of any such incorporated city, city and county, or town, 
voting upon a proposal substantially as follows : 

"Shall (herein insert name of the city, city and county, or 
town, to be included in such annexed territory) be included 
in a district to be hereafter defined by the city and county of 
(herein insert the name of the city and county initiating the 
annexation proposal) which district shall within two years from 
the date of this election vote upon a proposal submitted as one 
indivisible question, that such district to be then described 
and set forth shall consolidate with (herein insert name of the 
city and county initiating the annexation proposal) in a con- 
solidated city and county government, and that such district 
become subject to taxation, along with the entire territory of 
the proposed city and county in accordance with the assessable 
valuation of the property of said district for the following 
indebtedness of said city and county of (herein insert name 
of the city and county initiating the annexation proposal) to wit : 
(herein insert in general terms, reference to any debts to be 
assumed and if none insert 'none')." 

Any and all incorporated cities, cities and counties, or towns, 
to which the foregoing proposal shall have been submitted, and 
a majority of w^hose qualified electors voting thereon shall have 
voted in favor thereof, together with such unincorporated terri- 
tory as the city and county initiating such annexation pro- 
posal may desire to have included, the whole to form an area 
contiguous to said city and county, shall be created into a 
district by said city and county, and the proposal substantially 
in the form above set forth to be used when the "territory pro- 
posed to be added consists wholly of only one incorporated city, 
city and county, or town, or wholly of unincorporated territory, 
shall, within said two years, be submitted to the voters of said 
entire district as one indivisible question. 

Upon consent to any such annexation being given by a ma- 
jority of the qualified electors voting thereon in any county or 
counties in which any such territory proposed to be annexed 



Art. XI. § SA constitution of California. 125 

to said city and county is located, and upon the approval of 
any such annexation proposal by a majority of the qualified 
electors voting thereon in such city and county proposing such 
annexation, and also upon the approval of the proposal herein- 
before set forth by a majority of the qualified electors voting 
thereon in the whole of the district so proposed to be annexed, 
then, the said indebtedness referred to in said proposal shall 
be deemed to have been assumed, and upon the date stated in 
such annexation proposal such district and such city and county 
shall be and become one consolidated city and county, to be 
governed by the charter of the city and county proposing such 
annexation, and any subsequent amendment thereto. 

Whenever any proposal is submitted to the electors of any 
county, territory, district, city, city and county, or town, as 
above provided, there shall be published, for at least five 
successive publications, in a newspaper of general circulation 
printed and published in any such county, territory, district, 
city, city and county, or town, the last publication to be not 
less than twenty days prior to any such election, a particular 
description of any territory or district to be separated, added, 
or annexed, together with a particular description of any debts 
to be assumed, as above referred to, unless such particular 
description is contained in the said proposal so submitted. 
In addition to said description, such territory shall also be 
designated in such notice by some appropriate name or other 
words of identification, by which such territory may be referred 
to and indicated upon the ballots to be used at any election at 
which the question of annexation or consolidation of additional 
territory is submitted as herein provided. If there be no such 
newspaper so printed and published in any such county, terri- 
tory, district, city, city and county, or town, then such publica- 
tion may be made in any newspaper of general circulation 
printed and published in the nearest county, city, city and 
county, or town where there may be such a newspaper so printed 
and published. 

If. by the adoption of any charter, or by annexation, any 
incorporated municipality becomes a portion of a city and 
county, its property, debts and liabilities of every description 
shall be and become the property, debts and liabilities of such 
city and county. 

Every city and county which shall be formed, or the territory 
of which shall be enlarged as herein provided from territory 
taken from any county or counties, shall be liable for a just 



126 CONSTITUTION OF CALIFORNIA. AET. XI, § 8* 

proportion of the debts and liabilities and be entitled to a just 
proportion of the property and assets of such county or counties, 
existing- at the time such territory is so taken. 

The provisions of this Constitution applicable to cities, and 
cities and counties, and also those applicable to counties, so far 
as not inconsistent or prohibited to cities, or cities and counties, 
shall be applicable to such consolidated city and county govern- 
ment ; and no provision of subdivision five or six of this section 
shall be construed as a restriction upon the plenary authority 
of any city or city and county having a freeholders' charter, as 
provided for in this Constitution, to determine in said charter 
any and all matters elsewhere in this Constitution authorized 
and not inconsistent herewith. 

The Legislature shall provide for the formation of one or 
more counties from the portion or portions of a county or 
counties remaining after the formation of or annexation to a 
consolidated city and county, or for the transfer of such portion 
or portions of such original county or counties to adjoining 
counties. But such transfer to an adjoining county shall only 
be made after approval by a majority vote of the qualified 
electors voting thereon in such territory proposed to be so 
transferred. 

The provisions of section two of this article, and also those 
provisions of section three of this article which refer to the 
passing of any county line within five miles of the exterior 
boundary of a city or town in which a county seat of any 
county proposed to be divided is situated, shall not apply to the 
formation of, nor to the extension of the territory of such con- 
solidated cities and counties, nor to the formation of new coun- 
ties, nor to the annexation of existing counties, as herein speci- 
fied. 

Any city and county formed under this section shall have the 
right, if it so desires, to be designated by the official name of the 
city initiating the consolidation as it existed immediately prior 
to its adoption of a charter providing for a consolidated city and 
county government, except that such city and county shall bo 
known under the style of a city and county. 

It shall be competent in any charter framed for a consolidated 
city and county, or by amendment thereof, to provide for the 
establishment of a borough system of government for the whole 
or any part of the territory of said city and county, by which 
one or more districts may be created therein, which districts 
shall be known as boroughs and which shall exercise such 



ART. XI. § S* CONSTITUTION OF CALIFOBNIA. 127 

municipal powers as may be granted thereto by such charter, 
and for the organization, regulation, government and jurisdiction 
of such boroughs. 

No properry in any territory hereafter consolidated with or 
annexed to any city or city aud county shall be taxed for the 
payment of any indebtedness of such city or city and county 
outstanding at the date of such consolidation or annexation 
and for the payment of which the property in such territory was 
not, prior to such consolidation or annexation, subject to such 
taxation, unless there shall have been submitted to the qualified 
electors of such territory the proposition regarding the assump- 
tion of indebtedness as hereinbefore set forth and the same shall 
have been approved by a majority of such electors voting thereon. 

7. In all cases of annexation of unincorporated territory to 
an incorporated city, or the consolidation of two or more incor- 
porated cities, assumption of existing bonded indebtedness by 
such unincorporated territory or by either of the cities so con- 
solidating may be made by a majority vote of the qualified 
electors voting thereon in the territory or city which shall 
assume an existing bonded indebtedness. This provision shall 
apply whether annexation or consolidation is effected under 
this section or any other section of this Constitution, and the 
provisions of section eighteen of this article shall not be a 
prohibition thereof. 

The Legislature shall enact such general laws as may be 
necessary to carry out the provisions of this section and such 
general or special laws as may be necessary to carry out the 
provisions of subdivisions five and six of this section, including 
any such general or special act as may be necessary to permit a 
consolidated city and county to submit a new charter to take 
effect at the time that any consolidation, by reason of annexation 
to such consolidated city and county, takes effect, and. also, any 
such general law or special act as may be necessary to provide 
for any period after such consolidation, by reason of such 
annexation, takes effect, and prior to the adoption and approval 
of any such new charter. [Amendment adopted November S. 

tW] 

Amendment of t911. — Sec. 8£. It shall be competent, in all 
charters framed under the authority given by section eight of 
article eleven of this Constitution, to provide, in addition to those 
provisions allowable by this Constitution and by the laws of the 
State, as follows : 

1. For the constitution, regulation, government, and jurisdic- 
tion of police courts, and for the manner in which, the times at 



128 CONSTITUTION OF CALIFORNIA. ART. XI, § 84 

which, and the terms for which the judges of such courts shall be 
elected or appointed, and for the qualifications and compensation 
of said judges and of their clerks and attaches. 

2. For the manner in which, the times at which, and the terms 
for which the members of boards of education shall be elected or 
appointed, for their qualifications, compensation and removal, 
and for the number which shall constitute any one of such 
boards. 

3. For the manner in which, the times at which, and the 
terms for which the members of the boards of police commission- 
ers shall be elected or appointed, and for the constitution, regula- 
tion, compensation, and government of such boards and of the 
municipal police force. 

4. For the manner in which and the times at which any muni- 
cipal election shall be held and the result thereof determined ; for 
the manner in which, the times at which, and the terms for which 
the members of all boards of election shall be elected or 
appointed, and for the constitution, regulation, compensation and 
government of such boards, and of their clerks and attaches ; and 
for all expenses incident to the holding of any election. 

Where a city and county government has been merged and con- 
solidated into one municipal government, it shall also be compe- 
tent, in any charter framed under said section eight of said 
article eleven, or by amendment thereto, to provide for the man- 
ner in w 7 hich, the times at which and the terms for which the 
several county and municipal officers and employees whose com- 
pensation is paid by such city and county, excepting judges of 
the Superior Court, shall be elected or appointed, and for their 
recall and removal, and for their compensation, and for the num- 
ber of deputies, clerks and other employees that each shall have, 
and for the compensation, method of appointment, qualifications, 
tenure of office and removal of such deputies, clerks and other 
employees. All provisions of any charter of any such consoli- 
dated city and county heretofore adopted, and amendments 
thereto, which are in accordance herewith, are hereby confirmed 
and declared valid. [Adopted October 10, 1911] 

Amendment of 1896. — Sec. 8£. It. shall be competent, in all 
charters framed under the authority given by section eight of 
article eleven of this Constitution, to provide, in addition to those 
provisions allowable by this Constitution and by the laws of the 
State, as follows : 

1. For the constitution, regulation, government, and jurisdic- 
tion of police courts, and for the manner in which, the times at 
which, and the terms for which the judges of such courts shall be 
elected or appointed, and for the compensation of said judges and 
of their clerks and attaches. 

2. For the manner in which, the times at which, and the terms 
for which the members of boards of education shall be elected or 
appointed, and the number which shall constitute any one of such 
boards. 

3. For the manner in which, the times at which, and the terms 
for which the members of the boards of police commissioners shall 
be elected or appointed ; and for the constitution, regulation, com- 



ART. XI. §9 CONSTITUTION OF CALIFORNIA. 120 

pensation, and government of such boards and of the municipal 
police force. 

4. For the manner in which, the times at which, and the terms 
for which the members of all hoards of election shall be elected or 
appointed, and for the constitution, regulation, compensation, 
and government of such hoards, and of their clerks and attaches; 
and for all expenses incident to the holding of any election. 

Where a city and county government has been merged and 
consolidated into one municipal government, it shall also be 
competent in any charter framed under said section eight of 
said article eleven, to provide for the manner in which, the times 
at which, and the terms for which the several county officers shall 
be elected or appointed, for their compensation, and for the num- 
ber of deputies that each shall have, and for the compensation 
payable to each of such deputies. [New section adopted Novem- 
ber J. 1S96] 

120 Cal. 397, 39S, 399, 400 ; 126 Cal. 406, 410, 411 ; 128 
Cal. 4(32; 132 Cal. 441, 442, 443, 444, 447; 133 Cal. 514, 
513, 517, 520 ; 136 Cal. 586, 5S7 ; 145 Cal. 53, 742, 744, 
748 ; 148 Cal. 133 ; 151 Cal. 470, 472 ; 153 Cal. 164, 165 ; 
157 Cal. 419 et scq., 484; 160 Cal. 209; 167 Cal. 320; 
3 Cal. App. 719, 721; 6 Cal. App. 224, 738, 740; 13 Cal. 
App. 773 ; 15 Cal. App. 588 ; 19 Cal. App. Dec. 579. 

Compensation of municipal officer not to be increased ror term 
extended. 
Sec. 9. The compensation of any county, city, town, or 
municipal officer shall not be increased after his election or 
during his term of office ; nor shall the term of any such officer 
be extended beyond the period for which he is elected or 
appointed. 

61 Cal. 277 ; 62 Cal. 563, 566 ; 67 Cal. 119 ; 81 Cal. 497, 

590 ; S3 Cal. 362 ; 85 Cal. 596 ; 87 Cal. 396 ; 92 Cal. 319 ; 

94 Cal. 603, 608, 618, 623, 627; 95 Cal. 473, 474, 475; 

97 Cal. 590; 98 Cal. 221, 223; 104 Cal. 66, 644, 649; 

109 Cal. 508, 517 ; 114 Cal. 123 ; 118 Cal. 309, 362 ; 129 

Cal. 527; 136 Cal. 65; 138 Cal. 16; 144 Cal. 277; 145 

Cal. 197 ; 155 Cal. 754, 757, 761 ; 157 Cal. 157 ; 162 Cal. 

615, 616. 617, 619; 165 Cal. 87; 167 Cal. 520; 8 Cal. 

App. 22, 44, 46 ; 11 Cal. App. 578, 580, 581 ; 14 Cal. App. 

664; 18 Cal. App. 387, 389; 19 Cal. App. 771. 776, 777. 

Municipality not released from taxes. 

10. [Repealed November 8, 1910] 

Original text. — Sec. 10. No county, city, town, or other 

public or municipal corporation, nor the inhabitants thereof, nor 

the property therein, shall be released or discharged from its or 

their proportionate share of taxes to be levied for State purposes, 



130 CONSTITUTION OF CALIFOKNIA. AlJT. XI, § 11 

nor shall commutation for such taxes be authorized in any form 
whatsoever. 

61 Gal. 277 ; 81 Cal. 497 ; 92 Cal. 319, 342 ; 104 Gal. 644. 

Police regulations. 

Sec. 11. Any county, city, town, or township may make and 
enforce within its limits all such local, police, sanitary, and 
other regulations as are not in conflict with general laws. 

53 Cal. 481 ; 57 Cal. 607 ; 61 Cal. 277, 375 ; 62 Cal. 540 ; 
65 Cal. 35, 270 ; 66 Cal. 450 ; 67 Cal. 103 ; 68 Cal. 296, 
300 ; 69 Cal. 90, 92, 151, 610 ; 71 Cal. 204 ; 72 Cal. 115, 
125 ; 73 Cal. 77, 148, 371, 372, 541, 633 ; 74 Cal. 23 ; 76 
Cal. 512; 77 Cal. 542; 81 Cal. 497; 84 Cal. 305; 87 Cal. 
91, 165 ; 90 Cal. 620 ; 91 Cal. 590 ; 92 Cal. 296, 342 ; 94 
Cal. 391; 96 Cal. 356, 607, 608; 98 Cal. 73, 556, 684 
99 Cal. 560; 102 Cal. 163, 172, 489; 103 Cal. 114; 104 
Cal. 278, 644 ; 105 Cal. 161 ; 106 Cal. 283 ; 108 Cal. 327 
109 Cal. 321 ; 112 Cal. 70 ; 124 Cal. 347 ; 128 Cal. 435 
129 Cal. 574; 131 Cal. 466; 134 Cal. 70, 75, 111, 145 
139 Cal. 183 ; 140 Cal. 230 ; 143 Cal. 371 ; 145 Cal. 631 
637, 640 ; 147 Cal. 334 ; 149 Cal. 761 ; 150 Cal. 80, 82 
84, 91; 152 Cal. 470; 154 Cal. 322, 682; 155 Cal. 117: 
158 Cal. 745; 162 Cal. 711; 163 Cal. 220, 459; 164 Cal 
324, 325; 166 Cal. 9, 12; 48 Cal. Dec. 19, 23, 176, 177 
179, 181, 189, 190; 1 Cal. App. 184; 2 Cal. App. 722 
768 ; 5 Cal. App. 499, 597 ; 6 Cal. App. 10 ; 8 Cal. App 
297, 443, 445, 446, 565, 679; 9 Cal. App. 74, 781 
11 Cal. App. 514, 520; 12 Cal. App. 259, 326; 17 Cal 
App. 60 ; 20 Cal. App. 270, 363, 367 ; 21 Cal. App. 277 
22 Cal. App. 120 ; 23 Cal. App. 787, 789 ; 19 Cal. App. 
Dec. 439, 508, 754, 763. 

Only municipality can tax for municipal purposes. 

Sec. 12. The Legislature shall have no power to impose 
taxes upon counties, cities, towns or other public or municipal 
corporations, or upon the inhabitants or property thereof, for 
county, city, town, or other municipal purposes, but may, by 
general laws, vest in the corporate authorities thereof the power 
to assess and collect taxes for such purposes. 

54 Cal. 536; 56 Cal. 508; 58 Cal. 624, 644; 60 Cal. 32, 
35, 155 ; 61 Cal. 277 ; 62 Cal. 643 ; 65 Cal. 271, 288, 290 ; 
66 Cal. 449, 450, 451 ; 69 Cal. 90, 149 ; 71 Cal. 313 ; 73 
Cal. 77, 372; 74 Cal. 117; 77 Cal. 543; 87 Cal. 503, 
607 ; 88 Cal. 359 ; 92 Cal. 319, 342 ; 93 Cal. 418 ; 97 Cal. 
218, 219 ; 99 Cal. 561 ; 100 Cal. 268, 272 ; 102 Cal. Ill, 
471 ; 104 Cal. 644 ; 112 Cal. 70 ; 117 Cal. 86 ; 121 Cal. 



Art. XI. § 13 constitution ot California. 131 

551; 124 Cal. 696; 129 Cal. 602, 604; 134 Cal. 14S; 
137 Cal. 520; 141 Cal. 210; 143 Cal. 567; 144 Cal. 333; 
150 Cal. 90; 154 Cal. 335; 167 Cal. 280, 287; 48 Cal. 
Dec. 39 ; 5 Cal. App. G4S ; S Cal. App. 439. 

No delegation as to municipal improvements to private corpo- 
rations — Exception. 
Sec. 13. The Legislature shall not delegate to any 
special commission, private corporation, company, association 
or individual any power to make, control, appropriate, supervise 
or in any way interfere with any county, city, town or municipal 
improvement, money, property, or effects, whether held in trust 
or otherwise, or to levy taxes or assessments or perform any 
municipal function whatever, except that the Legislature shall 
have power to provide for the supervision, regulation and con- 
duct, in such manner as it may determine, of the affairs of 
irrigation districts, reclamation districts or drainage districts, 
organized or existing under any law of this State. [Amendment 
adopted November 3, 191^] 

Original text. — Sec. 13. The Legislature shall not delegate 
to any special commission, private corporation, company, asso- 
ciation, or individual, any power to make, control, appropriate. 
supervise, or in any way interfere w T ith any county, city, town, or 
municipal improvement, money, property, or effects, whether held 
in trust or otherwise, or to levy taxes or assessments, or perform 
any municipal functions whatever. 

55 Cal. 61S ; 60 Cal. 32 ; 61 Cal. 277 ; 71 Cal. 311, 312, 
313, 314, 630, 631 ; 80 Cal. 270 ; 81 Cal. 497 ; 86 Cal. 48 ; 
87 Cal. 607 ; 88 Cal. 359, 412 ; 97 Cal. 219 ; 99 Cal. 560 ; 
112 Cal. 329, 564; 118 Cal. 308; 125 Cal. 193, 194; 126 
Cal. 134 ; 133 Cal. 103 ; 144 Cal. 333 ; 148 Cal. 631 ; 150 
Cal. 82, 86 ; 152 Cal. 234 ; 48 Cal. Dec. 39 ; 23 Cal. App. 
580. 

Place of payment of municipal bonds. 

Sec. 1?A. Any county, city and county, city, town, munici- 
pality, irrigation district, or other public corporation, issuing 
bonds under the laws of the State, is hereby authorized and 
empowered to make said bonds and the interest thereon pay- 
able at any place or places within or outside of the United 
s, and in any money, domestic or foreign, designated in said 
bonds. [Amendment adopted November ■>. 1914] 

Amendment of 1906. — Sec. 13^. Nothing in this Constitution 
ined shall be construed as prohibiting the State or any 
county, city and county, city, town, municipality, or other public 
corporation, issuing bonds under laws of the State, to make said 
bonds payable at any place within the United States designated 
in said bonds. [New section adopted November 6, 1906] 



132 CONSTITUTION OF CALIFORNIA. ART. XI, § 14 

General laws as to inspection of merchandise. 

Sec. 14. The Legislature may by general and uniform laws 
provide for the inspection, measurement and graduation of mer- 
chandise, manufactured articles and commodities, and may pro- 
vide for the appointment of such officers as may be necessary 
for such inspection, measurement and graduation. [Amendment 
adopted October 10, 19111 

Original text. — Sec. 14. No State office shall be continued or 
created in any county, city, town or other municipality, for the 
inspection, measurement, or graduation of any merchandise, 
manufacture, or commodity ; but such county, city, town, or 
municipality may, when authorized by general law, appoint such 
officers. 

55 Cal. 618; 59 Cal. 279; 61 Cal. 277; 73 Cal. 77; SI 
Cal. 497 ; 98 Cal. 465 ; 164 Cal. 324, 325, 326 ; 19 Cal. 
App. Dec. 438. 

Private property not taken for municipal debt. 

Sec. 15. Private property shall not be taken or sold for the 
payment of the corporate debt of any political or municipal cor- 
poration. 

61 Cal. 277; 81 Cal. 498. 

Public moneys to be deposited with treasurer. 

Sec. 16. All moneys, assessments, and taxes belonging to or 
collected for the use of any county, city, town, or other public 
or municipal corporation, coming into the hands of any officer 
thereof, shall immediately be deposited with the treasurer, or 
other legal depositary, to the credit of such city, town, or other 
corporation, respectively, for the benefit of the funds to which 
they respectively belong. 

61 Cal. 277 ; 81 Cal. 498 ; 84 Cal. 76 ; 86 Cal. 45 ; 87 Cal. 

607; 92 Cal. 319, 342; 95 Cal. 150; 97 Cal. 219; 103 

Cal. 493; 108 Cal. 565; 112 Cal. 315, 329: 113 Cal. 211: 

120 Cal. 5 ; 126 Cal. 134 ; 146 Cal. 719. 

Legal depositary for public moneys. 

Sec. 164. All moneys belonging to the State, or to any 
county or municipality within this State, may be deposited in 
any national bank or banks within this State, or in any bank 
or banks organized under the laws of this State, in such manner 
and under such conditions as may be provided by law ; provided. 
that such bank or banks in which such moneys are deposited 
shall furnish as security for such deposits, bonds of the United 
States, or of this State or of any county, municipality or school 
district within this State, or of any irrigation district within 



ART. XT. § 17 CONSTITUTION OF CALIFORNIA. 133 

this State, to be approved by the officer or officers designated In- 
law, to an amount in value of at least ten per cenl in excess of 
the amount of such deposit ; and provided, that such hank or 
hanks shall pay a reasonable rate of interest, not less than two 
per cent iter annum on the daily balances therein deposited; and 
provided, that no deposit shall at any one time exceed fifty per 
cent of the paid-up capital stock of such depositary bank or 
hanks: and provided, further, that no officer shall deposit at one 
time more than twenty per cent of such public moneys available 
for deposit in any bank while there are other qualified banks 
requesting such deposits. [Amended yovemoer 5, 1912] 

Amendment of 1906. — Sec. 16*. All moneys belonging to the 
State, or to any county or municipality within this State, may be 
deposited in any national bank or banks within this State, or in 
any bank or banks organized under the laws of this State, in such 
manner and under such conditions as may be provided by law : 
provided, that such bank or hanks in which such moneys are 
deposited shall furnish as security for such deposits, bonds of the 
United States, or of this State or of any county, municipality or 
school district within this State, to be approved by the officer or 
officers designated by law, to an amount in value of at least ten 
per cent in excess of the amount of such deposit; and provided, 
that such bank or banks shall pay a reasonable rate of interest, 
not less than two per cent per annum on the daily balances 
therein deposited; and provided, that no deposit shall at any one 
time exceed fifty per cent of the paid-up capital stock of such 
depositary hank or banks; and provided further, that no officer 
shall deposit at one time more than twenty per cent of such 
public moneys available for deposit in any bank while there are 
other qualified banks requesting such deposits. [New section 
adopted Xovemher 6, 1906] 
152 Cal. 8, 9. 

Making profit out of public moneys prohibited. 

Sec. 17. The making of profit out of county, city, town, or 
other public money, or using the same for any purpose not 
authorized by law, by any officer having the possession or con- 
trol thereof, shall be a felony, and shall be prosecuted and 
punished as prescribed by law. 

01 Cal. 277: 81 Cal. 49S : 87 Cal. COS: 07 Cal. 219; 113 

Cal. 211; 13<; Cal. 44.-,. 

Municipal debt incurred in any year not to exceed income — Aid 
by Alameda to Panama-Pacific International Exposition. 

Sec 18. No county, city, town, township, board of educa- 
tion, or school district, shall incur any indebtedness or liability 
in any manner or for any purpose exceeding in any year the 
income and revenne provided lor such year, without tin- assent 



134 CONSTITUTION OF CALIFOENIA. ART. XI, § 18 

of two thirds of the qualified electors thereof, voting at an elec- 
tion to be held for that purpose, nor unless before or at the time 
of incurring such indebtedness provision shall be made for the 
collection of an annual tax sufficient to pay the interest on such 
indebtedness as it falls due, and also provision to constitute a 
sinking fund for the payment of the principal thereof on or 
before maturity, which shall not exceed forty years from the 
time of contracting the same ; provided, however, that the city 
and county of San Francisco may at any time pay the unpaid 
claims, with interest thereon at the rate of five per cent per 
annum, for materials furnished to and work done for said city 
and county during the forty-first, forty-second, forty-third, forty- 
fourth, and fiftieth fiscal years, and for unpaid teachers' salaries 
for the fiftieth fiscal year, out of the income and revenue of any 
succeeding year or years, the amount to be paid in full of said 
claims not to exceed in the aggregate the sum of five hundred 
thousand dollars, and that no statute of limitations shall apply 
in any manner to these claims ; and provided, further, that the 
city of Valle.jo, of Solano county, may pay its existing indebted- 
ness, incurred in the construction of its waterworks, whenever 
two thirds of the electors thereof, voting at an election held for 
that purpose, shall so decide, and that no statute of limitations 
shall apply in any manner. Any indebtedness or liability 
incurred contrary to this provision, with the exceptions herein- 
before recited, shall be void. The city and county of San Fran- 
cisco, the city of San Jose, and the town of Santa Clara may 
make provision for a sinking fund, to pay the principal of any 
indebtedness incurred, or to be hereafter incurred by it, to com- 
mence at a time after the incurring of such indebtedness of no 
more than a period of one fourth of the time of maturity of 
such indebtedness, which shall not exceed seventy-five years 
from the time of contracting the same. Any indebtedness 
incurred contrary to any provision of this section shall be void ; 
and provided, further, that the county of Alameda may, upon 
the assent of two thirds of the qualified electors thereof voting 
at an election to be held for that purpose, incur a bonded indebt- 
edness of not to exceed one million dollars, and the legislative 
authority of said county of Alameda shall issue bonds therefor 
and grant and turn over to the Panama-Pacific International 
Exposition Company, a corporation organized under the laws of 
the State of California, March 22, 1910, the proceeds of said 
bonds for stock in said company or under such other terms and 
conditions as said legislative authority may determine, the same 



Art. XI, § IS constitution of California. 135 

to be used and disbursed by said exposition company for the 
purposes of an exposition to be held in the city and county of 
San Francisco to celebrate the completion of the Panama canal ; 
said bonds, so issued, to be of such form and to be redeemable, 
registered and converted in such manner and amounts, and at 
such times not later than forty years from the date of their 
issue as the legislative authority of said county of Alanieda 
shall determine ; the interest on said bonds not to exceed five per 
centum per annum, and said bonds to be exempt from all taxes 
for State, county and municipal purposes, and to be sold for not 
less than par at such times and places, and in such manner, as 
shall be determined by said legislative authority ; the proceeds 
of said bonds, when sold, to be payable immediately upon such 
terms or conditions as said legislative body may determine, to 
the treasurer of said Panama-Pacific International Exposition 
Company, upon demands of said treasurer of said exposition 
company, without the necessity of the approval of such demands 
by other authority, than said legislative authority of Alameda 
county, the same to be used and disbursed by said Panama- 
Pacific International Exposition Company for the purposes of 
such exposition, under the direction and control of said exposi- 
tion company : and the legislative authority of said county of 
Alameda is hereby empowered and directed to levy a special tax 
on all taxable property in said county each year after the issue 
of said bonds to raise an amount to pay the interest on said 
bonds as the same become due, and to create a sinking fund to 
pay the principal thereof when the same shall become due. 
[Amendment adopted November 8, 191^] 

Amendment of WOO. — Sec. 18. No county, city, town, town- 
ship, board of education, or school districts, shall incur any 
indebtedness or liability in any manner or for any purpose 
exceeding in any year the income and revenue provided for such 
year, without the assent of two thirds of the qualified electors 
thereof, voting at an election to be held for that purpose, nor 
unless before or at the time of incurring such indebtedness pro- 
vision shall be made for the collection of an annual tax sufficient 
to pay the interest on such indebtedness as it falls due, and also 
provision to constitute a sinking fund for the payment of the 
principal thereof on or before maturity, which shall not exceed 
forty years from the time of contracting the same ; provided, 
however, that the city and county of San Francisco may at any 
time pay the unpaid claims, with interest thereon at the rale 
of five per cent per annum for materials furnished to and work 
done for said city and county daring the forty-first, forty-second, 
forty-third, forty-fourth, and fiftieth fiscal years, and for unpaid 
teachers' salaries for the fiftieth fiscal year, out of the income 
and revenue of any succeeding year or years, the amount to be 



136 CONSTITUTION OF CALIFORNIA. ART. XI, § IS 

paid in full of said claims not to exceed in the aggregate the 
sum of five hundred thousand dollars, and that no statute of 
limitations shall apply in any manner to these claims; and pro- 
vided further, that the city of Vallejo, of Solano county, may 
pay its existing indebtedness incurred in the construction of its 
water works whenever two thirds of the electors thereof voting 
at an election held for that purpose shall so decide, and that no 
statute of limitations shall apply in any manner. Any indebted- 
ness or liability incurred contrary to this provision, with the 
exceptions hereinbefore recited, shall be void. [Amendment 
adopted 'November 6, 1900] 

Section 18 amended by adding the following, adopted November 
6, 1906: The city and county of San Francisco, the city of San 
Jose and the town of Santa Clara may make provision for a 
sinking fund, to pay the principal of any indebtedness incurred, 
or to be hereafter incurred, by it, to commence at a time after 
the incurring of such indebtedness of not more than a period 
of one fourth of the time of maturity of such indebtedness, 
which shall not exceed seventy-five years from the time of con- 
tracting the same. Any indebtedness incurred contrary to any 
provision of this section shall be void. 

Amendment of 1892. — Sec. 18. No county, city, town, town- 
ship, board of education, or school district shall incur any indebt- 
edness or liability in any manner, or for any purpose, exceed- 
ing in any year the income and revenue provided for it for such 
year, without the assent of two thirds of the qualified electors 
thereof, voting at an election to be held for that purpose, nor 
unless, before or at the time of incurring such indebtedness, 
provision shall be made for the collection of an annual tax 
sufficient to pay the interest on such indebtedness as it falls 
due, and also provision to constitute a sinking fund for the 
payment of the principal thereof on or before maturity, which 
shall not exceed forty years from the time of contracting the 
same. > Any indebtedness or liability incurred contrary to this 
provision shall be void. [Adopted November S, 1892] 

Original teat. — Sec. 18. No county, city, town, township, 
board of education, or school district, shall incur any indebtedness 
or liability in any manner or for any purpose, exceeding in any 
year the income and revenue provided for it for such year, with- 
out the assent of two thirds of the qualified electors thereof vot- 
ing at an election to be held for that purpose, nor unless, before 
or at the time of incurring such indebtedness, provision shall be 
made for the collection of an annual tax sufficient to pay the 
interest on such indebtedness as it falls due, and also to consti- 
tute a sinking fund for the payment of the principal thereof 
within twenty years from the time of contracting the same. 
Any indebtedness or liability incurred contrary to this provision 
shall be void. 

5 Cal. 288 ; 61 Cal. 277 ; 62 Cal. 642 ; 74 Cal. 259, 417 ; 
75 Cal. 505; 80 Cal. 363; 81 Cal. 498; 86 Cal. 45; SO 
Cal. 134; 92 Cal. 342; 97 Cal. 219; 99 Cal. 149, 413, 
415 ; 107 Cal. 181, 184, 648 ; 109 Cal. 153 ; 111 Cal. 322 ; 
112 Cal. 163. 313. 326, 540, 546; 113 Cal. 202; 115 Cal. 



Art. XI. §19 constitution of California. 137 

37: 113 Cal. 530, 531, 533. 544. 552: 119 Cal. 44, 227, 
634: 124 Cal. 67: 131 Cal. 297; 135 Cal. 500; 136 Cal. 
405: 143 Cal. 179: 144 Cal. 395; 146 Cal. 730. 732: 
148 Cal. 709: 150 Cal. S6 ; 152 Cal. 172, 173. 177; 153 
Cal. 374 : 160 Cal. 41. 31S, 319, 433 ; 48 Cal. Dec. 402 ; 
7 Cal. App. 412, 413: 17 Cal. App. 293; 23 Cal. App. 
583 : 24 Cal. App. 354. 

Municipal operation or regulation of public works. 

Sec. 19. Any municipal corporation may establish and 
operate public works for supplying its inhabitants with light, 
water, power, heat, transportation, telephone service or other 
means of communication. Such works may b9 acquired by 
original construction or by the purchase of existing works, 
including their francbises, or both. Persons or corporations may 
establish and operate works for supplying the inhabitants with 
such services upon such conditions and under such regulations 
as the municipality may prescribe under its organic law, on 
condition that the municipal government shall have the right 
to regulate the charges thereof. A municipal corporation may 
furnish such services to inhabitants outside its boundaries ; 
provided, that it shall not furnish any service to the inhabitants 
of any other municipality owning or operating works supplying 
the same service to such inhabitants, without the consent of 
such other municipality, expressed by ordinance. [Amendment 
adopted October 10. 1911] 

Amendment of 1884. — Sec. 19. In any city where there are 
no public works owned and controlled by the municipality for 
supplying the same with water or artificial light, any individual, 
or any company duly incornorated for such purpose under and 
by authority of the laws of this State, shall, under the direction 
of the superintendent of streets, or other officer in control thereof, 
and under such general regulations as the municipality may pre- 
scribe for damages and indemnity for damages, have the privi- 
lege of using the public streets and thoroughfares thereof, and of 
laying down pipes and conduits therein, and connections there- 
with, so far as may be necessary for introducing into and supply- 
ing such city and its inhabitants either with gaslight or other 
illuminating light, or with fresh water for domestic and all other 
purposes, upon the condition that the municipal government shall 
have the right to regulate the charges thereof. [Adopted Novem- 
ber ',. 1884] 

Original text. — Sec. 19. No public work or improvement of 
any description whatsoever shall be done or made, in any city, in, 
Upon or about the streets thereof, or otherwise, the cost and 
expense of which is mad*' chargeable or may be assessed upon 
private property by special assessment, unless an estimate of 



138 CONSTITUTION OF CALIFORNIA. ART. XII, § 3 

such cost and expense shall be made, and an assessment, in pro- 
portion to benefits, on the property to be affected or benefited, 
shall be levied, collected, and paid into the city treasury before 
such work or improvement shall be commenced, or any contract 
for letting or doing the same authorized or performed. In any 
city where there are no public works owned and controlled by the 
municipality, for supplying the same with water or artificial 
light, any individual, or any company duly incorporated for such 
purpose under and by authority of the laws of this State, shall, 
under the direction of the superintendent of streets, or other 
officer in control thereof, and under such general regulations as 
the municipality may prescribe for damages and indemnity for 
damages, have the privilege of using the public streets and thor- 
oughfares thereof, and of laying down pipes and conduits therein, 
and connections therewith, so far as may be necessary for 
introducing into and supplying such city and its inhabitants 
either with gaslight or other illuminating light, or with fresh 
water for domestic and all other purposes, upon the condition 
that the municipal government shall have the right to regulate 
the charges thereof. 

54 Cal. .246 ; 56 Cal. 654 ; 57 Cal. 616 ; 61 Cal. 24, 277 
62 Cal. 108, 209, 232, 238; 69 Cal. 466, 481, 482, 515 
72 Cal. 5, 6; 73 Cal. 75; 79 Cal. 281; 81 Cal. 497; 92 
Cal. 342; 93 Cal. 161; 98 Cal. 618; 118 Cal. 584, 586 
129 Cal. 402, 403 ; 137 Cal. 118, 119 ; 142 Cal. 242, 287 
143 Cal. 371; 145 Cal. 632, 633, 634, 635, 639, 640 
148 Cal. 315, 327, 333, 370 ; 150 Cal. 558, 559 ; 151 Cal 
428 ; 152 Cal. 586, 594 ; 153 Cal. 27 ; 155 Cal. 651 ; 158 
Cal. 82; 160 Cal. 38, 39, 40, 47, 111; 161 Cal. 281: 
163 Cal. Ill, 671, 672, 677; 166 Cal. 773, 775; 48 Cal 
Dec. 175, 179, 291, 409 ; 1 Cal. App. 673, 677, 678 ; 2 Cal 
App. 560, 722 ; 17 Cal. App. 342 ; 18 Cal. App. 34 ; 19 Cal 
App. 366; 19 Cal. App. Dec. 821. 

ARTICLE XII. 

CORPORATIONS. 

Section 1. Corporations may be formed under general laws, 

but shall not be created by special act. All laws now in force 

in the State concerning corporations, and all laws that may be 

hereafter passed pursuant to this section, may be altered from 

time to time or repealed. [Constitution of 1849, Art. IV, § 31] 

54 Cal. 94 ; 61 Cal. 38 ; 62 Cal. 263 ; 73 Cal. 77 ; 77 Cal. 

371; 83 Cal. 396, 413; 92 Cal. 316; 98 Cal. 53; 109 

Cal. 584; 123 Cal. 527; 125 Cal. 412; 131 Cal. 33; 153 

Cal. 702, 703; 154 Cal. 331, 334, 335; 155 Cal. 652; 

157 Cal. 598; 160 Cal. 121; 1 Cal. App. 67; 11 Cal. 

App. 404, 405, 406. 



Art. XII, § 2 constitution of California. 139 

Individual liability of corporators. 

Sec. -. Dues from corporations shall be secured by such 
individual liability of the corporators and other means as may 
be prescribed by law. [Constitution of 1849, Art. IV, §32] 
02 Cal. 469, 493 ; 125 Gal. 419 ; 199 Cal. 585. 

Liability of stockholders and directors. 

Sec. 3. Each stockholder of a corporation, or joint-stock 
association, shall be individually and personally liable for such 
proportion of all its debts and liabilities contracted or incurred, 
during the time he was a stockholder, as the amount of stock 
or shares owned by him bears to the whole of the subscribed 
capital stock, or shares of the corporation or association. The 
directors or trustees of corporations and joint-stock associations 
shall be jointly and severally liable to the creditors and stock- 
holders for all nionejs embezzled or misappropriated by the 
officers of such corporation or joint-stock association, during 
the term of office of such director or trustee. 

Nothing in the preceding paragraph of this section shall be 
held to apply to any exposition company organized to promote 
and carry on any international exposition or world's fair within 
the State of California, and the liability ot stockholders in any 
such exposition company shall be and the same is hereby 
limited to an amount not exceeding the par value of the stock 
of said corporation subscribed for by such stockholders. 
[Amendment adopted Xovemoer 3, 1908] 

Original text. — Sec. 3. Each stockholder of a corporation or 
joint-stock association shall be individually and personally liable 
for such proportion of all its debts and liabilities contracted or 
incurred during the time he was a stockholder, as the amount 
of stock or shares owned by him bears to the whole of the sub- 
scribed capital stock or shares of the corporation or association. 
The directors or trustees of corporations and joint-stock associa- 
tions shall be jointly and severally liable to the creditors and 
stockholders for all moneys embezzled or misappropriated by the 
officers of such corporation or joint-stock association during the 
term of office of such director or trustee. [Constitution of 1849, 
Art. IV. §36] 

59 Cal. 286 ; 62 Cal. 448, 469 ; 63 Cal. 236, 239 ; 87 Cal. 

32 ; 97 Cal. 95 ; 198 Cal. 425 ; 111 Cal. 63, 6Q, 67, 71 ; 

114 Cal. 331: 116 Cal. 384; 122 Cal. 523, 524; 124 Cal. 

159: 125 Cal. 410, 412; 136 Cal. 437, 449; 142 Cal. 

384; 143 Cal. 224; 147 Cal. 649; 154 Cal. 353, 782; 

169 Cal. 578, 580, 585, 586, 587; 165 Cal. 661, 664; 

166 Cal. 349, 350; 167 Cal. 241; 48 Cal. Dec. 429; 



140 CONSTITUTION OF CALIFORNIA. ART. XII, § 4 

4 Cal. App. 292, 293 ; 5 Cal. App. 705 ; 12 Cal. App. 695 ; 
13 Cal. App. 27; aS Cal. App. 738; 23 Cal. App. 40(5. 
467 ; 20 Cal. App. [Dec. 30. 

Meaning of "corporations" — Power to sue and be sued. 

Sec. 4. The term corporations, as used in this article, shall 
be construed to include all associations and joint-stock companies 
having any of the powers or privileges of corporations not. 
possessed by individuals or partnerships, and all corporations 
shall have the right to sue and be subject to be sued, in all 
courts, in like cases as natural persons. [Constitution of 1849, 
Art. IV, §33] 

95 Cal. 592; 153 Cal. 703. 

Bank corporations only under general laws — No bank currency. 

Sec. 5. The Legislature shall have no power to pass any 
act granting any charter for banking purposes, but corporations 
or associations may be formed for such purposes under general 
laws, and the Legislature shall provide for the classification of 
cities and towns by population for the purpose of regulating the 
business of banking. No corporation, association, or individual 
shall issue or put in circulation, as money, anything but the 
lawful money of the United States. [Amendment adopted 
November 8, 1910] 

Original text. — Sec. 5. The Legislature shall have no power 
to pass any act granting any charter for banking purposes, but 
corporations or association may be formed for such purposes 
under general laws. No corporation, association, or individual 
shall issue or put in circulation, as money, anything but the law- 
ful money of the United States. [Constitution of 1849, Art. IV, 
§§ 34, 35] 

73 Cal. 77; 154 Cal. 331, 335. 

Existing franchises void unless business commenced. 

Sec. 6. All existing charters, grants, franchises, special or 
exclusive privileges, under which an actual and bona fide organ- 
ization shall not have taken place, and business been commenced 
in good faith, at the time of the adoption of this Constitution, 
shall thereafter have no validity. 
160 Cal. 122. 

Extension of franchise of corporation — Remission of forfeiture. 

Sec. 7. The Legislature shall not extend any franchise or 
charter, nor remit the forfeiture of any franchise or charter 
of any quasi-public corporation now existing or which shall 



AJtT.XII, §S CONSTITUTION OF CALIFORNIA. 141 

hereafter exist under the laws of this State. The term of 
existence of any other corporation now or hereafter existing 
under the laws of this State, may be extended at any time 
prior to the expiration of its corporate existence, for a period 
not exceeding fifty years from the date of such extension, by 
the vote or written consent of stockholders representing two 
thirds of its capital stock or of two thirds of the members thereof. 
rtificate of such vote or consent shall be signed and sworn 
to by the president and secretary, and by a majority of the 
directors of the corporation and filed and certified in the manner 
and upon payment of fees required by law for filing and certi- 
fying articles of incorporation, and thereupon the term of the 
corporation shall be extended for the period specified in such 
certificate, and such corporation shall thereafter pay all annual 
or other fees required by law to be paid by corporations. 
[Amendment adopted Xoucmuer 3, 1908] 

Original text. — Sec. 7. The Legislature shall not extend any 
franchise or charter, nor remit the forfeiture of any franchise 
or charter of any corporation now existing, or which shall here- 
after exist under the laws of this State. 

01 Cal. 340; 121 Cal. 19; 134 Cal. 328, 329, 338, 339. 
340; 155 Cal. 650. 

Corporation property subject to condemnation — Police power not 
abridged. 
Sec. 8. The exercise of the right of eminent domain shall 
never be so abridged or construed as to prevent the Legislature 
from taking the property and franchises of incorporated com- 
panies and subjecting them to public use the same as the prop- 
erty of individuals, and the exercise of the police power of the 
State shall never be so abridged or construed as to permit corpo- 
rations to conduct their business in such manner as to infringe 
the rights of individuals or the general well-being of the State. 

Corporation business limited by charter — Term of holding real 

estate. 

Sec. 9. No corporation shall engage in any business other 

than that expressly authorized in its charter or the law under 

which it may have been or may hereafter be organized ; nor 

shall it hold for a longer period than five years any real estate 

except such as may be necessary for carrying on its business, 

KiT Cal. 643; 133 Cal. 812; 14:; Cal. 200; 3 Cal. App. 710. 



142 CONSTITUTION OF CALIFORNIA. ART. XII, § 10 

Transfer* of franchise does not relieve from liabilities. 

Sec. 10. The Legislature shall not pass any laws permitting 
the leasing or alienation of any franchise, so as to relieve the 
franchise or property held thereunder from the liabilities of 
the lessor or grantor, lessee or grantee, contracted or incurred 
in the operation, use, or enjoyment of such franchise or any of 
its privileges. 

72 Cal. 466 ; 116 Cal. 100 ; 152 Cal. 586 ; 154 Cal. 274. 

Issuance of stock — Increase — Notice. 

Sec. 11. No corporation shall issue stock or bonds, except 
for money paid, labor done, or property actually received, and 
all fictitious increase of stock or indebtedness shall be void. 
The stock and bonded indebtedness of corporations shall not be 
increased, except in pursuance of general law, nor without the 
consent of the persons holding the larger amount in value of 
the stock, at a meeting called for that purpose, giving sixty 
days' public notice, as may be provided by law. 

56 Cal. 651, 652, 654, 655; 65 Cal. 617; 72 Cal. 56; 73 
Cal. 77; 93 Cal. 307, 308, 309, 315; 117 Cal. 344; 135 
Cal. 250, 582, 585; 147 Cal. 582; 152 Cal. 457; 154 
Cal. 75; 157 Cal. 729; 159 Cal. 216, 218, 221, 222; 
165 Cal. 671; 2 Cal. App. 130; 20 Cal. App. 701, 702, 
706, 707. 

Election of directors — Manner of voting — Exceptions. 

Sec. 12. In all elections for directors or managers of cor- 
porations every stockholder shall have the right to vote, in 
person or by proxy, the number of shares of stock owned by 
him, for as many persons as there are directors or managers 
to be elected, or to cumulate said shares and give one candidate 
as many votes as the number of directors multiplied by the 
number of his shares of stock shall equal, or to distribute them, 
on the same principle, among as many candidates as he shall 
think fit ; and such directors or managers shall not be elected 
in any other manner, except that members of cooperative 
societies formed for agricultural, mercantile, and manufacturing 
purposes may vote on all questions affecting such societies in 
manner prescribed by law. 

67 Cal. 535 ; 109 Cal. 597. 



Art. XII. § 13 constitution of California. 143 

State not to lend credit or own stock. 

Sec. 13. The State shall not, in any manner, loan its 
credit, nor shall it subscribe to or be interested in the stock of 
any company, association, or corporation. [Constitution of 
1849, Art. XI, §10] 

Place of business — Books. 

Sec. 14. Every corporation other than religious, educational, 
or benevolent, organized or doing business in this State, shall 
have and maintain an office or place in this State for the 
transaction of its business, where transfers of stock shall be 
made, and in which shall be kept, for inspection by every person 
having an interest therein, and legislative committees, books 
in which shall be recorded the amount of capital stock sub- 
scribed, and by whom ; the names of the owners of its stock, 
and the amounts owned by them, respectively ; the amount of 
stock paid in, and by whom : the transfers of stock ; the amount 
of its assets and liabilities, and the names and places of resi- 
dence of its officers. 

135 Cal. 584, 625; 2 Cal. App. G39 : 13 Cal. App. 27. 

Foreign corporations. 

Sec, 15. No corporation organized outside the limits of this 
State shall be allowed to transact business within this State on 
more favorable conditions than are prescribed by law to similar 
corporations organized under the laws of this State. 

97 Cal. 28; 99 Cal. 133; 115 Cal. 311; 146 Cal. 651; 

155 Cal. 057 ; 156 Cal. 46S. 471 ; 15S Cal. 281 ; 159 Cal. 

221: 163 Cal. 281; 165 Cal. 660; 15 Cal. App. 683, 

689, 690. 691. 

County in which corporation to be sued. 

Sec. 16. A corporation or association may be sued in the 
county where the contract is made or is to be performed, or 
where the obligation or liability arises or the breach occurs ; 
or in the county where the principal place of business of such 
corporation is situated, subject to the power of the court to 
change the place of trial as in other cases. 

65 Cal. 394: 66 Cal. 209; 71 Cal. 488, 490; 73 Cal. 183, 
184, 185; ^:: Cal 409. 473, 493; 88 Cal. 611; 94 Cal 
137; 97 Cal. 138, 043: 98 Cal. 107; 102 Cal. 48, 333 
106 Cal 58; 107 Cal. 380; 108 Cal. 262; 115 Cal. 200 
117 Cal. 52 : 122 Cal. 649 ; 134 Cal. 587, 588, 589, 590 



144 CONSTITUTION OF CALIFORNIA. ART. XII, § 17 

136 Cal. 439 ; 141 Cal. 315 ; 144 Cal. 205, 207 ; 150 Cal. 
468, 474, 475; 151 Cal. 159; 159 Cal. 696, 697, 698; 
4 Cal. App. 370; 6 Cal. App. 87; 10 Cal. App. 72; 11 
Cal. App. 226, 239 ; 12 Cal. App. 227 ; 15 Cal. App. 473, 
474 ; 20 Cal. App. 107 ; 22 Cal. App. 169. 

Common carriers — Connecting roads. 

Sec. 17. All railroad, canal, and other transportation com- 
panies are declared to be common carriers, and subject to legis- 
lative control. Any association or corporation, organized for 
the purpose under the laws of this State, shall have the right 
to connect at the State line with railroads of other states. 
Every railroad company shall have the right with its road to 
intersect, connect with, or cross any other railroad, and shall 
receive and transport each the other's passengers, tonnage, and 
cars, without delay or discrimination. 

132 Cal. 685 ; 2 Cal. App. 560 ; 3 Cal. App. 6S3. 

Railroad official not to contract with company. 

Sec. IS. No president, director, officer, agent, or employee 
of any railroad or canal company shall be interested, directly 
or indirectly, in the furnishing of material or supplies to such 
company, nor in the business of transportation as a common 
carrier of freight or passengers over the works owned, leas3d, 
controlled, or worked by such company, except such interest in 
the business of transportation as lawfully Hews from the owner- 
ship of stock therein. 
132 Cal. 686. 

Public officials not to receive passes. 

Sec. 19. No railroad or other transportation company shall 
grant free passes, or passes or tickets at a discount, to any 
person holding any office of honor, trust, or profit in this State : 
and the acceptance of any such pass or ticket by a member of 
the Legislature, or any public officer, other than Railroad Com- 
missioner, shall work a forfeiture of his office. 
114 Cal. 476; 132 Cal. 686. 

No increase of rates without consent of railroad commission. 

Sec. 20. No railroad or other transportation company shall 
raise any rate of charge for the transportation of freight or 
passengers or any charge connected therewith or incidental 
thereto, under any circumstances whatsoever, except upon a 
showing before the Railroad Commission provided for in this 



Art. XII. §21 constitution of California. 145 

Constitution, that such increase is justified, and the decision 
of the said commission upon the showing so made shall not be 
subject to review by any court except upon the question whether 
such decision of the commission will result in confiscation of 
property. [Amendment adopted October 10, 1911] 

Original te.vt. — Sec. 20. No railroad company or other com- 
mon carrier shall combine or make any contract with the owners 
of any vessel that leaves port or makes port in this State, or 
with any common carrier, by which combination or contract the 
earnings of one doing the carrying are to be shared by the other 
not doing the carrying. And whenever a railroad corporation 
shall, for the purpose of competing with any other common car- 
rier, lower its rates for transportation of passengers or freight 
from one point to another, such reduced rates shall not be again 
raised or increased from such standard without the consent of 
the governmental authority in which shall be vested the power 
to regulate fares and freights. 

132 Cal. 6S4, 6S6 ; 133 Cal. 26, 2S ; 144 Cal. 1S4, 193. 

Discrimination in charges for transportation forbidden. 

Sec. 21. No discrimination in charges or facilities for trans- 
portation shall be made by any railroad or other transportation 
company between places or persons, or in the facilities for the 
transportation of the same classes of freight or passengers 
within this State. It shall be unlawful for any railroad or 
other transportation company to charge or receive any greater 
compensation in the aggregate for the transportation of pas- 
sengers or of like kind of property for a shorter than for a 
longer distance over the same line or route in the same direc- 
tion, the shorter being included within the longer distance, or 
to charge any greater compensation as a through rate than the 

- - of the intermediate rates; provided, however, that 
upon application to the Railroad Commission provided for in 
this Constitution such company may, in special cases, after 
investigation, be authorized by such commission to charge less 
for longer than for shorter distances for the transportation of 
persona or property and the Railroad Commission may from 
time to time prescribe the extent to which such company may 
be relieved from the prohibition to charge less for the longer 
than for the shorter haul. The Railroad Commission shall 
have power to authorize the issuance of excursion and com- 
mutation tickets at special rates. Nothing herein contained 
shall be construed to prevent the Railroad Commission from 
ordering and compelling any railroad or other transportation 
company to make reparation to any shipper on account of the 
rates charged to said shipper being excessive or discriminatory, 

7— 15736 



146 CONSTITUTION OF CALIFORNIA. ART. XII, § 22 

provided no discrimination will result from such reparation. 
[Amendment adopted October 10, 1911] 

Original text. — Sec. 21. No discrimination in charges or 
facilities for transportation shall be made by any railroad or 
other transportation company between places or persons, or in 
the facilities for the transportation of the same classes of freight 
or passengers within this State, or coming from or going to any 
other state. Persons and property transported over any railroad, 
or by any other transportation company or individual, shall be 
delivered at any station, landing, or port, at charges not exceed- 
ing the charges for the transportation of persons and property of 
the same class, in the same direction, to any more distant station, 
port, or landing. Excursion and commutation tickets may be 
issued at special rates. 

109 Cal. 322; 132 Cal. 684, 686; 144 Cal. 193. 

Railroad Commission created — Its powers prescribed. 

Sec. 22. There is hereby created a railroad commission 
which shall consist of five members and which shall be known 
as the Railroad Commission of the State of California. The 
commission shall be appointed by the Governor from the State 
at large ; provided, that the Legislature, in its discretion, may 
divide the State into districts for the purpose of such appoint- 
ments, said districts to be as nearly equal in population as 
practicable ; and provided, further, that the three commissioners 
in office at the time this section takes effect shall serve out the 
term for which they were elected, and that two additional com- 
missioners shall be appointed by the Governor immediately 
after the adoption of this section, to hold office during the same 
term. Upon the expiration of said term, the term of office of 
each commissioner thereafter shall be six years, except the com- 
missioners first appointed hereunder after such expiration, one 
of whom shall be appointed to hold office until January 1, 1917, 
two until January 1, 1919, and two until January 1, 1921. 
Whenever a vacancy in the office of commissioner shall occur, 
the Governor shall forthwith appoint a qualified person to fill 
the same for the unexpired term. Commissioners appointed for 
regular terms shall at the beginning of the term for which they 
are appointed, and those appointed to fill vacancies, shall, 
immediately upon their appointment, enter upon the duties of 
their offices. The Legislature shall fix the salaries of the com- 
missioners, but pending siich action the salaries of the com- 
missioners, their officers and employees shall remain as now 
fixed by law. The Legislature shall have the power, by a two- 
thirds vote of all members elected to each house, to remove any 
one or more of said commissioners from office for dereliction of 



Art. XII. §22 constitution of California. 147 

(liny or corruption or incompetency. All of said commissioners 
shall be qualified electors of this State, and no person in the 
employ of or holding any official relation to any pefrson, firm 
or corporation, which said person, firm or corporation is subject 
to regulation by said Railroad Commission and no person owning 
stock or bonds of any such corporation or who is in any manner 
pecuniarily interested therein, shall be appointed to or hold the 
office of Railroad Commissioner. No vacancy in the commis- 
sion shall impair the right of the remaining commissioners to 
exercise all the powers of the commission. The act of a 
majority of the commissioners when in session as a board shall 
be deemed to be the act of the commission ; but any investigation, 
inquiry or hearing which the commission has power to under- 
take or to hold may be undertaken or held by or before any 
commissioner designated for the purpose by the commission, and 
every order made by a commissioner so designated, pursuant to 
such inquiry, investigation or hearing, when approved or con- 
firmed by the commission ordered filed in its office, shall be 
deemed to be the order of the commission. 

Said commission shall have the power to establish rates of 
charges for the transportation of passengers and freight by 
railroads and other transportation companies, and no railroad 
or other transportation company shall charge or demand or 
collect or receive a greater or less or different compensation for 
such transportation of passengers or freight, or for any service 
in connection therewith, between the points named in any 
tariff of rates, established by said commission, than the rates, 
fares and charges which are specified in such tariff. The com- 
mission shall have the further power to examine books, records 
and papers of all railroad and other transportation companies ; 
to hear and determine complaints against railroad and other 
transportation companies ; to issue subpoenas and all necessary 
process and send for persons and papers : and the commission 
and each of the commissioners shall have the power to admin- 
ister oaths, take testimony and punish for contempt in the same 
manner and to the same extent as courts of record ; the com- 
mission may prescribe a uniform system of accounts to be kept 
by all railroad and other transportation companies. 

No provision of this Constitution shall be construed as a 
limitation upon the authority of the Legislature to confer upon 
the Railroad Commission additional powers of the same kind 
or different from those conferred herein which are not incon- 
sistent with the powers conferred upon the Railroad Commission 



148 CONSTITUTION OF CALIFORNIA. ART. XII, § 22 

in this Constitution, and the authority of the Legislature to 
confer such additional powers is expressly declared to be 
plenary, and unlimited by any provision of this Constitution. 
The provisions of this section shall not be construed to 
repeal in whole or in part any existing law not inconsistent 
herewith, and the "Railroad Commission Act" of this State 
approved February 10, 1911, shall be construed with reference 
to this constitutional provision and any other constitutional 
provision becoming operative concurrently herewith. And the 
said act shall have the same force and effect as if the same had 
been passed after the adoption of this provision of the Consti- 
tution and of all other provisions adopted concurrently here- 
with, except that the three commissioners referred to in said 
act shall be held and construed to be the five commissioners 
provided for herein. [Amendment adopted October 10, 1911] 

Original text. — Sec. 22. The State shall be divided into three 
districts as nearly equal in population as practicable, in each of 
which one railroad commissioner shall be elected by the qualified 
electors thereof at the regular gubernatorial elections, whose 
salary shall be fixed by law. and whose term of office shall be 
four years, commencing on the first Monday after the first day 
of Januaiy next succeeding their election. Said commissioners 
shall be qualified electors of the State and of the district from 
which they are elected, and shall not be interested in any rail- 
road corporation, or other transportation company, as stock- 
holder, creditor, agent, attorney, or employee ; and the act of a 
majority of said commissioners shall be deemed the act of said 
commission. Said commissioners shall have the power, and it 
shall be their duty, to establish rates of charges for the trans- 
portation of passengers and freight by railroad or other trans- 
portation companies, and publish the same from time to time, 
with such changes as they may make ; to examine the books, 
records, and papers of all railroad and other transportation com- 
panies, and for this purpose they shall have power to issue sub- 
poenas and all other necessary process ; to hear and determine 
complaints against railroad and other transportation companies, 
to send for persons and papers, to administer oaths, take 
testimony, and punish for contempt of their orders and pro- 
cesses, in the same manner and to the same extent as courts 
of record, and enforce their decisions and correct abuses through 
the medium of the courts. Said commissioners shall prescribe 
a uniform system of accounts to be kept by all such corpora- 
tions and companies. Any railroad corporation or transporta- 
tion company which shall fail or refuse to conform to such rates 
as shall be established by such commissioners, or shall charge 
rates in excess thereof, or shall fail to keep their accounts in 
accordance with the system prescribed by the commission, shall 
be fined not exceeding twenty thousand dollars for each offense ; 
and every officer, agent, or employee of any such corporation or 
company, who shall demand or receive rates in excess thereof, 



Art. XII. § 23 constitution of California. 149 

or who shall in any manner violate the provisions of this sec- 
lion, shall be fined not exceeding: five thousand dollars, or be 
imprisoned in the comity jail not exceeding one year. In all 
controversies, civil or criminal, the rates of fares and freights 
established by said commission shall be deemed conclusively jnst 
and reasonable, and in any action against such corporation or 
company for damages sustained by charging excessive rates, the 
plaintiff, in addition to the actual damage, may, in the discretion 
of the judge or jury, recover exemplary damages. Said commis- 
sion shall report to the Governor, annually, their proceedings, 
and such other facts as may be deemed important. Nothing in 
this section shall prevent individuals from maintaining actions 
against any of such companies. The Legislature may, in addi- 
tion to any penalties herein prescribed, enforce this article by 
forfeiture of charter or otherwise, and may confer such further 
powers on the commissioners as shall be necessary, to enable 
them to perform the duties enjoined on them in this and the 
foregoing section. The Legislature shall have power, by a two 
thirds vote of all the members elected to each house, to remove 
any one or more of said commissioners from office, for derelic- 
tion of duty, or corruption, or incompetency ; and whenever. 
from any cause, a vacancy in office shall occur in said com- 
mission, the Governor shall fill the same by the appointment of 
a qualified person thereto, who shall hold office for the residue 
of the unexpired term, and until his successor shall have been 
elected and qualified. 

56 Cal. 102; 79 Cal. 163; 105 Cal. 320, 544, 555; 132 
Cal. 67S, 684, 6S7, 689, 690; 133 Cal. 26, 27, 28; 142 
Cal. 225 ; 166 Cal. 650, 652, 653, 654, 691, 692, 696, 743. 

Public utilities — Supervision of — Local regulation. 

Sec. 23. Every private corporation, and every individual 
or association of individuals, owning, operating, managing, or 
controlling any commercial railroad, interurban railroad, street 
railroad, canal, pipe line, plant, or equipment, or any part of 
such railroad, canal, pipe line, plant, or equipment within this 
State, for the transportation or conveyance of passengers, or 
express matter, or freight of any kind, including crude oil, or 
for the transmission of telephone or telegraph messages, or for 
the production, generation, transmission, delivery or furnishing 
of heat, light, water or power or for the furnishing of storage 
or wharfage facilities, either directly or indirectly, to or for 
the public, and every common carrier, is hereby declared to be 
a public utility subject to such control and regulation by the 
railroad commission as may be provided by the Legislature, and 
every class of private corporations, individuals, or associations 
of individuals hereafter declared by the Legislature to be public 
utilities shall likewise be subject to such control and regulation. 



150 CONSTITUTION OF CALIFORNIA. AeT. XII, § 23 

The Railroad Commission shall have and exercise such power 
and jurisdiction to supervise and regulate public utilities, in 
the State of California, and to fix the rates to be charged for 
commodities furnished, or services rendered by public Utilities 
as shall be conferred upon it by the Legislature, and the right 
of the Legislature to confer powers upon the Railroad Com- 
mission respecting public utilities is hereby declared to be 
plenary and to be unlimited by any provision of this Constitu- 
tion. From and after the passage by the Legislature of laws 
conferring powers upon the Railroad Commission respecting 
public utilities, all powers respecting such public utilities vested 
in boards of supervisors, or municipal councils, or other gov- 
erning bodies of the several counties, cities and counties, cities 
and towns, in this State, or in any commission created by law 
and existing at the time of the passage of such laws, shall cease 
so far as such powers shall conflict with the powers so con- 
ferred upon the Railroad Commission ; provided, however, that 
this section shall not affect such powers of control over public 
utilities as relate to the making and enforcement of local, police, 
sanitary and other regulations, other than the fixing of rates, 
vested in any city and county or incorporated city or town as, 
at an election to be held pursuant to law, a majority of the 
qualified electors of such city and county, or incorporated city 
or town, voting thereon, shall vote to retain, and until such 
election such powers shall continue unimpaired ; but if the vote 
so taken shall not favor the continuation of such powers they 
shall thereafter vest in the Railroad Commission as provided 
by law ; and provided, further, that where any such city and 
county, or incorporated city or town, shall have elected to con- 
tinue any of its powers to make and enforce such local, police, 
sanitary and other regulations, other than the fixing of rates, 
it may, by vote of a majority of its qualified electors voting 
thereon, thereafter surrender such powers to the Railroad Com- 
mission in the manner prescribed by the Legislature; and pro- 
vided, further, that this section shall not affect the right of any 
city and county or incorporated city or town, to grant fran- 
chises for public utilities upon the terms and conditions and 
in the manner prescribed by law. Nothing in this section shall 
be construed as a limitation upon any power conferred upon the 
Railroad Commission by any provision of this Constitution now 
existing or adopted concurrently herewith. \ Amendment adopted 
November 3, 191 J/] 



AKT. XII. § 2o CONSTITUTION OF CALIFORNIA. 151 

Amendment of 1911. — Sec. 23. Every private corporation, 
and every individual or association of individuals, owning, oper- 
ating, managing, or controlling any commercial railroad, interur- 
bau railroad, street railroad, canal, pipe line, plant, or equip- 
ment, or any part of such railroad, canal, pipe line, plant or 
equipment within this State, for the transportation or convey- 
ance of passengers, or express matter, or freight of any kind, in- 
eluding crude oil. or for the transmission of telephone or tele- 
graph messages, or for the production, generation, transmission, 
delivery or furnishing of heat, light, water or power, or for the 
furnishing of storage or wharfage facilities, either directly or 
indirectly, to or for the public, and every common carrier, is 
hereby declared to be a public utility subject to such control and 
regulation by the Railroad Commission as may be provided by the 
Legislature, and every class of private corporations, individuals, 
or associations of individuals hereafter declared by the Legisla- 
ture to be public utilities shall likewise be subject to such con- 
trol and regulation. The Railroad Commission shall have and 
exercise such power and jurisdiction to supervise and regulate 
public utilities, in the State of California, and to fix the rates 
to be charged for commodities furnished, or services rendered by 
public utilities as shall be conferred upon it by the Legislature, 
and the right of the Legislature to confer powers upon the Rail- 
road Commission respecting public utilities is hereby declared 
to be plenary and to be unlimited by any provision of this Con- 
stitution. 

From and after the passage by the Legislature of laws con- 
ferring powers upon the Railroad Commission respecting public 
utilities, all powers respecting such public utilities vested in 
boards of supervisors, or municipal councils, or other govern- 
ing bodies of the several counties, cities and counties, cities and 
towns, in this State, or in any commission created by law and 
existing at the time of the passage of such laws, shall cease so 
far as such powers shall conflict with the powers so conferred 
upon the Railroad Commission : provided, however, that this 
>n shall not affect such powers of control over any public 
utility vested in any city and county, or incorporated city or 
town as, at an election to be held pursuant to laws to be passed 
hereafter by the Legislature, a majority of the qualified electors 
voting thereon of such city and county, or incorporated city or 
town, shall vote to retain, and until such election such powers 
shall continue unimpaired : but if the vote so taken shall not 
favor the continuation of such powers they shall thereafter vest 
in the Railroad Commission as provided by law: and provided. 
further, that where any such city and county or incorporated 
city or town shall have elected to continue any powers respect- 
ing public utilities, it may, by vote of a majority of its qualified 
electors voting thereon, thereafter surrender such powers to the 
Railroad Commission in the manner to be prescribed by the 
slature ; or if such municipal corporation shall have sur- 
rendered any powers to the Railroad Commission, it may, by 
like vote, thereafter reinvest itself with such power. Nothing 
in this section shall be construed as a limitation upon any power 



152 CONSTITUTION OF CALIFORNIA. ART. XII, § 23a 

conferred upon the Railroad Commission by any provision of 
this Constitution now existing or adopted concurrently here- 
with. [Amendment adopted October 10, 191.1] 
4S Cal. Dec. 173, 174, 176. 

Original Text. — Sec. 23. Until the Legislature shall dis- 
trict the State, the following shall be the railroad districts: The 
first district shall be composed of the counties of Alpine, Ama- 
dor. Butte, Calaveras, Colusa, Del Norte, El Dorado, Humboldt, 
Lake, Lassen, Mendocino, Modoc, Napa, Nevada, Placer, 
Plumas. Sacramento, Shasta, Sierra, Siskiyou, Solano, Sonoma, 
Sutter, Tehama, Trinity, Yolo and Yuba, from which one 
Railroad Commissioner shall be elected. The second district 
shall be composed of the counties of Marin, San Francisco and 
San Mateo, from which one Railroad Commissioner shall be 
elected. The third district shall be composed of the counties of 
Alameda, Contra Costa, Fresno, Inyo, Kern, Los Angeles, Mari- 
posa, Merced, Mono, Monterey, San Benito, San Bernardino, 
San Diego, San Joaquin, San Luis Obispo, Santa Barbara, 
Santa Clara, Santa Cruz, Stanislaus, Tulare, Tuolumne and 
Ventura, from which one Railroad Commissioner shall be 
elected. 

142 Cal. 225 ; 16G Cal. 650, 652, 653, 654, 691, 692, 696, 
743; 167 Cal. 672. 

Legislature may invest Railroad Commission with power to fix 
compensation for taking public utility property. 

Sec. 23a. The Railroad Commission shall have and exer- 
cise such power and jurisdiction as shall be conferred upon it 
by the Legislature to fix the just compensation to be paid for 
the taking of any property of a public utility in eminent domain 
proceedings by the State or any county, city and county, incorpo- 
rated city or town, or municipal water district, and the right 
of the Legislature to confer such powers upon the Railroad 
Commission is hereby declared to be plenary and to be unlimited 
by any provision of this Constitution. All acts of the Legisla- 
ture heretofore adopted, which are in accordance herewith, are 
hereby confirmed and declared valid. [New section adopted 
November 8, 191h] 

Duty on Legislature to enforce article. 

Sec. 24. The Legislature shall pass all laws necessary for 
the enforcement of the provisions of this article. 



Art. XIII, $1 conktiti tjo.n of CALIFORNIA. 153 

ARTICLE XIII. 

REVENUE AM) TAXATIO 

Section 1. All property is the State excepl ;is otherwise 
in (his Constitution provided, doI exempl under the laws of the 
United States, shall be taxed in proportion to its value, to be 
ascertained as provided by law, or as hereinafter provided. The 

word "property," as used in lliis article and section, is hereby 
declared to include moneys, credits, bonds, stocks, dues, fran- 
chises, and all other matters and things, real, personal, and 
mixed, capable of private; ownership; provided, that a mortgage, 
deed of trust, contract, or other obligation by which a debt is 
secured when land is pledged as security for the payment 
thereof, together with the money represented by such debt, shall 
not Ik; considered property subject to taxation; and further 
provided, that property used Cor free public libraries and free 
museums, growing crops, property used exclusively for public 
schools, and such as may belong to the United States, this 
State, or to any county, city and county, or municipal corpora- 
tion within this State shall be exempl from taxation, except 
such lands and the Improvements thereon located outside of 
the county, city and county, or municipal corporation owning 
the same as were subject to taxation at the time of the acquisi- 
tion of the same by said county, city and county, or municipal 

corporation; provided, that no Improvements of any character 

whatever constructed by any county, city and county or mun- 
icipal corporation shall be subject to taxation. All lands or 
improvements thereon, belonging to any county, city and 
county, or municipal corporation, not exempt from taxation. 
shall be assessed by the assessor of the county, city and county. 
or municipal corporation in which said lands or improvements 
are located, and said assessment shall be subject to review, 
equalization and adjustment by the Stat" Board of Equaliza- 
tion. The Legislature may provide, excepl in the case of 
credits secured by mortgage or trust deed, for a deduction from 
credits of debts due to bona fide residents of this State. 
[Amendment adopted November S, 191 J t ] 

Amendment of 1910. — Section 1, All property in the State 
except as otherwise in this Constitution provided, not exempt 
under the laws of the United States, shall be taxed in propor- 
tion to its value, to be ascertained as provided by law. or as 
hereinafter provided. The word "property." as used in this 
article and section, is hereby declared to include moneys, credits, 
bonds, stocks, dues, franchises, and all other matters and things, 
real, personal, and mixed, capable of private ownership: pro- 



154 CONSTITUTION OF CALIFORNIA. ART. XIII, § I 

vided, thai a mortgage, deed of trust, contract, or other obliga- 
tion by which a debt is secured when land is pledged as security 
for the payment thereof, together with the money represented 
by such debt shall not he considered property subject to taxa- 
tion; and further provided, that property used for free public 
libraries and free museums, growing crops, property used ex- 
clusively for public schools, and such as may belong to the 
United States, this State, or to any county or municipal corpor- 
ation within this State shall be exempt from taxation. The 
Legislature may provide, except in the case of credits secured 
by mortgage or trust deed, for a deduction from credits of debts 
due to bona fide residents of this State. [Amendment adopted 
November 8, 19101 

Amendment of 1894. — Section 1. All property in the State 
not exempt under the laws of the United States, shall be taxed 
in proportion to its value to be ascertained as provided by law. 
The word "property," as used in this article and section, is 
hereby declared to include moneys, credits, bonds, stocks, dues, 
franchises, and all other matters and things, real, personal, and 
mixed, capable of private ownership ; provided, that property 
used for free public libraries and free museums, growing crops, 
property used exclusively for public schools, and such as may 
belong to the United States, this State, or to any county or 
municipal corporation within this State, shall be exempt from 
taxation. The Legislature may provide, except in case of 
credits secured by mortgage or trust deed, for a deduction from 
credits of debts due to bona fide residents of this State. 
[Adopted November 6, 189 J/] 

Original text.— -Section 1. All property in the State, not 
exempt under the laws of the United States, shall be taxed in 
proportion to its value, to be ascertained as provided by law. 
The word "property," as used in this article and section, is 
hereby declared to include moneys, credits, bonds, stocks, dues, 
franchises, and all other matters and things, real, personal, and 
mixed, capable of private ownership ; provided, that growing 
crops, property used exclusively for public schools, and such as 
may belong to the United States, this State, or to any county 
or municipal corporation within this State, shall be exempt 
from taxation. The Legislature may provide, except in the case 
of credits secured by mortgage or trust deed, for a deduction 
from credits of debts due to bona fide residents of this State. 
[Constitution of 1849, Art. XI, § 14] 

54 Cal. 353, 360, 361; 56 Cal. 202; 57 Cal. 594, 600, 
603, 616 ; 58 Cal. 137, 138 ; 59 Cal. 94, 336 ; 62 Cal. 108, 
112, 114; 63 Cal. 524; 64 Cal. 507; 65 Cal. 271, 457; 
77 Cal. 138; 83 Cal. 406; 97 Cal. 220, 324; 103 Cal. 
70; 108 Cal. 192, 193; 111 Cal. 86; 113 Cal. 397; 116 
Cal. 23, 24; 117 Cal. 86; 119 Cal. 521, 522; 128 Cal. 
592, 612; 131 Cal. 362, 613; 132 Cal. 268, 600; 134 
Cal. 478; 137 Cal. 51S, 519, 524, 525; 139 Cal. 210; 
142 Cal. 225, 284, 290; 148 Cal. 85; 149 Cal. 583; 152 
Cal. 767; 153 Cal. 778; 155 Cal. 146, 353, 354, 357, 



ART. XIII, § 1^ CONSTITUTION OF CALIFORNIA. 3 55 

358, 650, 651, 653; 157 Cal. (J21 ; 1G0 Cal. 72:1, SOI; 
163 Cal. Tos; 167 Cal. 426; 2 Cal. App. 68, 595; lit Cal. 
App. 133. 

Exemption on account of military service. 

Sec. I5. The property to the amount of one thousand dol- 
lars of every resident in this State who has served in the army, 
navy, marine corps, or revenue marine service of the United 
States in time of war, and received an honorable discharge 
therefrom ; or lacking such amount of property in his own 
name, so much of the property of the wife of any such person 
as shall be necessary to equal said amount ; and property to the 
amount of one thousand dollars of the widow resident in this 
State, or if there be no such widow, of the widowed mother 
resident in this State, of every person who has so served and 
has died either during his term of service or after receiving 
honorable discharge from said service; and the property to the 
amount of one thousand dollars of pensioned widows, fathers, 
and mothers, resident in this State, of soldiers, sailors, and 
marines who served in the army, navy, or marine corps, or 
revenue marine service of the United States, shall be exempt 
from taxation ; provided, that this exemption shall not apply 
to any person named herein owning property of the value of 
five thousand dollars or more, or where the wife of such soldier 
or sailor owns property of the value of five thousand dollars 
or more. No exemption shall be made under the provisions 
of this act of the property of a person who is not a legal resi- 
dent of this State. [New section adopted Octooer 10, 1911] 

Exemption of church property. 

Sec 1*. All buildings, and so much of the real property on 
which they are situated as may be required for the convenient 
use and occupation of said buildings, when the same are used 
solely and exclusively for religious worship shall be free from 
taxation; provided, that no building so used which may be 
rented for religious purposes and rent received by the owner 
therefor, shall be exempt from taxation. [New section adopted 
mber 6, 1900] 

Exemption of State and municipal bonds. 

1 . If. All bonds hereafter issued by the State of Cali- 
fornia, or by any county, city and county, municipal corpora- 
tion, or district (including school, reclamation, and irrigation 



156 CONSTITUTION OF CALIFORNIA. ART. XIII, § Iff 

districts) within said State, shall be free and exempt from 
taxation. [New section adopted November 4, 1902] 

Exemption of college property. 

Sec. la. Any educational institution of collegiate grade, 
within the State of California, not conducted for profit, shall 
hold exempt from taxation its buildings and equipment, its 
grounds within which its buildings are located, not exceeding 
one hundred acres in area, its securities and income used 
exclusively for the purposes of education. [Neic section adopted 
November 3, 1914] 

Land and improvements separately assessed. 

Sec. 2. Land, and the improvements thereon, shall be sep- 
arately assessed. Cultivated and uncultivated land, of the same 
quality, and similarly situated, shall be assessed at the same 
value. 

104 Cal. 64, 622 ; 137 Cal. 525 ; 149 Cal. 87 ; 167 Cal. 426. 

Method of assessment of land sectionized and not sectionized. 

Sec. 3. Every tract of land containing more than six hun- 
dred and forty acres, and which has been sectionized by the 
United States government, shall be assessed, for the purposes of 
taxation, by sections or fractions of sections. The Legislature 
shall provide by law for the assessment, in small tracts, of all 
lands not sectionized by the United States government. 
140 Cal. 582. 

Exemption of vessels. 

Sec. 4. All vessels of more than fifty tons burden registered 
at any port in this State and engaged in the transportation of 
freight or passengers, shall be exempt from taxation except for 
State purposes, until and including the first day of January, 
nineteen hundred thirty-five. [Neio section adopted Novem- 
ber 3, 1914] 

Former Sec. 4 repealed November 8, 1910. — A mortgage, 
deed of trust, contract, or other obligation by which a debt is 
secured, shall, for the purposes of assessment and taxation, be 
deemed and treated as an interest in the property affected 
thereby. Except as to railroad and other quasi public corpor- 
ations, in case of debt so secured, the value of the property af- 
fected by such mortgage, deed of trust, contract, or obligation, 
less the value of such security, shall be assessed and taxed to 
the owner of the property, and the value of such security shall 
be assessed and taxed to the owner thereof, in the county, city, 
or district in which the property affected thereby is situate. The 



Art. XIII, § 5 CONSTITUTION OF CALIFORNIA. ir>7 

taxes so levied shall be a lien upon the property and security, 
and may be paid by either party to such security; if paid by the 
owner of the security, the tax so levied upon (lie property af- 
fected thereby shall become a part of tin 1 debt so secured; if the 
owner of the property shall pay the tax so levied on such se- 
curity, it shall constitute a payment thereon, and to the extent 
of such payment, a full discharge thereof; provided, that if any 
such security or indebtedness shall be paid by any such debtor 
or debtors, after assessment and before the tax levy, the 
amount of such levy may likewise be retaiuea by such debtor or 
debtors, and shall be computed according to the tax levy for the 
preceding year. 

57 Cal. 600: 59 Cal. 543. 544; 60 Cal. 36, 37, 58, 371; 

65 Cal. 3S3, 3S4 ; 66 Cal. 213 ; 72 Cal. 36 ; 76 Cal. 293 ; 

77 Cal. 137. 13S ; 83 Cal. 396 ; 84 Cal. 301 ; 89 Cal. 202 ; 

91 Cal. 11; 96 Cal. 625. 627, 635, 637; 99 Cal. 609; 

113 Cal. 397; US Cal. 492. 493; 121 Cal. 343; 123 Cal. 

35^: 128 Cal. 592. 593, 594. 597, 59S, 610, 611; 129 

Cal. 29S; 131 Cal. 361; 134 Cal. 86, 87; 144 Cal. 435, 

436 : 145 Cal. 55 : 153 Cal. 615 ; 155 Cal. 353, 354, 355. 

357; 160 Cal. 74; 163 Cal. 709; 167 Cal. 426; 11 Cal. 

App. 463. 

Contract to pay tax on borrowed money. 
Sec. 5. [Repealed November 6, 1906] 

Original text. — Sec. 5. Every contract hereafter made, by 
which a debtor is obligated to pay any tax or assessment on 
money loaned, or on any mortgage, deed of trust, or other lien, 
shall, as to any interest specified therein, and as to such tax or 
assessment, be null and void. 

59 Cal. 544 ; 76 Cal. 292, 293 ; 91 Cal. 11 ; 96 Cal. 626 ; 

99 Cal. 495, 608. 609, 611; 103 Cal. 376; 104 Cal. 107, 

110; 110 Cal. 541; 123 Cal. 218; 131 Cal. 604; 140 Cal. 

579; 8 Cal. App. 670. 

Contract impairing power of taxation forbidden. 

Sec. 6. The power of taxation shall never be surrendered or 
suspended by any grant or contract to which the State shall 
be a party. 

Payment of real property taxes by installments. 

Sec 7. The Legislature shall have the power to provide by 
law for the payment of all taxes on real property by install- 
ments. 



158 CONSTITUTION OF CALIFORNIA. ART. XIII, § 8 

Taxpayer's annual property statement. 

Sec. 8. The Legislature shall by law require each taxpayer 
iu this State to make and deliver to the county assessor, annually, 
a statement, under oath, setting forth specifically all the real 
and personal property owned by such taxpayer, or in his pos- 
session, or under his control, at twelve o'clock meridian on the 
first Monday of March. 

56 Cal. 206 ; 61 Cal. 103 ; 73 Cal. 622, 623, 624 ; 96 Cal. 

626; 131 Cal. 39; 8 Cal. App. 439. 

State and county boards of equalization. 

Sec. 9. A State Board of Equalization, consisting of one 
member from each congressional district in this State, as the 
same existed in eighteen hundred and seventy-nine, shall be 
elected by the qualified electors of their respective districts, at 
the general election to be held in the year one thousand eight 
hundred and eighty-six, and at each gubernatorial election there- 
after, whose term of office shall be for four years ; whose duty 
it shall be to equalize the valuation of the taxable property in 
the several counties of the State for the purposes of taxation. 
The Controller of State shall be ex officio a member of the 
board. The boards of supervisors of the several counties of the 
State shall constitute boards of equalization for their respective 
counties, whose duty it shall be to equalize the valuation of the 
taxable property in the county for the purpose of taxation ; 
provided, such State and county boards of equalization are 
hereby authorized and empowered, under such rules of notice as 
the county boards may prescribe as to county assessments, and 
under such rules of notice as the State board may prescribe as 
to the action of the State board, to increase or lower the entire 
assessment roll, or any assessment contained therein, so as to 
equalize the assessment of the property contained in said assess- 
ment roll, and make the assessment conform to the true value 
in money of the property contained in said roll ; provided, that 
no board of equalization shall raise any mortgage, deed of trust, 
contract or other obligation by which a debt is secured, money, 
or solvent credits, above its face value. The present State 
Board of Equalization shall continue in office until their suc- 
cessors, as herein provided for, shall be elected and shall 
qualify. The Legislature shall have power to redistrict the 
State into four districts, as nearly equal in population as 
practical, and to provide for the elections of members of said 



Art. XIII. § 10 constitution- of California. 159 

Board of Equalization. [Amendment adopted November '/. 
1884] 

Original text. — Sec. 9, A state board of equalization, con- 
sisting of one member from each congressional district in this 
State, shall be elected by the qualified electors of their respec- 
tive districts at the general election to bo hold in the year 
eighteen hundred and seventy-nine, whoso term of office, after 
those first elected, shall be four years, whose duty it shall be to 
equalize the valuation of the taxable property of the several 
counties in the State for the purposes of taxation. The Cou- 
t roller of State shall be ex officio a member of the board. The 
boards of supervisors of the several counties of the State 
shall constitute boards of equalization for their respective 
counties, whose duty it shall be to equalize the valuation of 
the taxable property in the county for the purpose of taxation ; 
provided, such State and county boards of equalization are 
hereby authorized and empowered, under such rules of notice 
as the county boards may prescribe as to the county assess- 
ments, and under such rules of notice as the state board 
may prescribe as to the action of the state board, to increase 
or lower the entire assessment roll, or any assessment con- 
tained therein, so as to equalize the assessment of the property 
contained in said assessment roll, and make the assessment con- 
form to the true value in money of the property contained in 
paid roll. 

56 Gal. 102, 195; 59 Cal. 324, 329, 334; 60 Cal. 27, 30, 

80 : 01 Cal. 55, 101, 102 ; 66 Cal. 213 ; 67 Cal. 624, 625 ; 

68 Cal. 497; 69 Cal. 474; 97 Cal. 324; 113 Cal. 401; 

17 Cal. App. 548. 

Property, where assessed. 

Sec. 10. All property, except as otherwise in this Constitu- 
tion provided, shall be assessed in the county, city, city and 
county, town or township, or district in which it is situated, in 
the manner prescribed bv law. [Amendment adopted November 
8, t910] 

Original text. — Sec. 10. All property, except as hereinafter 
in this section provided, shall be assessed in the county, city, 
city and county, town, township, or district in which it is 
situated, in the manner prescribed by law. The franchise, 
roadway, roadbed, rails, and rolling stock of all railroads oper- 
ated in more than one county in this State shall be assessed by 
the State Board of Equalization at their actual value, and the 
same shall be apportioned to the counties, cities and counties, 
cities, towns, townships, and districts in which such railroads 
are located, in proportion to the number of miles of railway 
laid in such counties, cities and counties, cities, towns, town- 
ships, and districts. 

56 Cal. 201. 205, 207; .»0 Cal. 325; 60 Cal. 12, 28, 29. 
:;i. 32, :;::. 58, 59, 60; 61 Cal. 255; 63 Cal. 467, 469, 



160 CONSTITUTION OF CALIFORNIA. ART. XIII, § 10* 

608; 64 Oal. 483; 82 Cal. 406; 83 Cal. 396, 401; 105 
Cal. 591; 125 Cal. 499; 128 Cal. 592, 593; 137 Cal. 
515, 660; 142 Cal. 223, 234; 143 Cal. 432; 148 Cal. 317, 
322, 323; 149 Cal. 84. 85, 89; 153 Cal. 54; 158 Cal. 
439; 164 Cal. 754; 167 Cal. 426; 48 Cal. Dec. 175, 171), 
399-412 ; 49 Cal. Dec. 52 ; 5 Cal. App. 648 ; 14 Cal. App. 
474 ; 22 Cal. App. 176. 

Exemption of personal property. 

Sec. 10^. The personal property of every householder to the 
amount of one hundred dollars, the articles to be selected by 
each householder, shall be exempt from taxation. [New section 
adopted November 8, 1904] 

Income tax may be levied. 

Sec. 11. Income taxes may be assessed to and collected 
from persons, corporations, joint-stock associations, or compa- 
nies resident or doing business in this State, or any one or more 
of them, in such cases and amounts, and in such manner, as 
shall be prescribed by law. 

No poll tax to be levied. 

Sec. 12. No poll tax or head tax for any purpose whatso- 
ever shall be levied or collected in the State of California. [New 
section adopted November 3, 191J/] 

Original text. — Sec. 12. The Legislature shall provide for 
the levy and collection of an annual poll tax, of not less than 
two dollars, on every male inhabitant of this State over twenty- 
one and under sixty years of age. except paupers, idiots, insane 
persons, and Indians not taxed. Said tax shall be paid into the 
State school fund. 

104 Cal. 63, 64, 66; 135 Cal. 517; 148 Cal. 248. 

Exemption of certain trees and vines. 

Sec. 12f. Fruit and nut bearing trees under the age of four 
years from the time of planting in orchard form, and grape- 
vines under the age of three years from the time of planting in 
vineyard form, shall be exempt from taxation, and nothing in 
this article shall be construed as subjecting such trees and 
grapevines to taxation. [New section adopted November 6, 18.9.j] 
137 Cal. 524. 



Art. XIII, § 13 constitution of California. 101 

Legislature to provide for enforcement. 

Sec. 13. The Legislature shall pass all laws necessary to 
carrv out the provisions of this article. 

56 Cal. 202 : S3 Cal. 393, 394, 401, 402, 405, 406 ; 137 Cal. 

525; 17 Cal. App. 548. 

Basis of taxation for State purposes. 

Sfc. 14. Taxes levied, assessed and collected as hereinafter 
provided upon railroads, including street railways, whether 
operated in one or more counties ; sleeping car, dining car, 
drawingroom car and palace car companies, refrigerator, oil, 
stock, fruit, and other car-loaning and other car companies 
operating upon railroads in this State ; companies doing express 
business on any railroad, steamboat, vessel or stage line in this 
Stare: telegraph companies; telephone companies; companies 
engaged in the transmission or sale of gas or electricity ; insur- 
ance companies ; banks, banking associations, savings and loan 
societies, and trust companies ; and taxes upon all franchises of 
every kind and nature, shall be entirely and exclusively for 
State purposes, and shall be levied, assessed and collected in the 
manner hereinafter provided. The word "companies" as used 
in this section shall include persons, partnerships, joint stock 
associations, companies, and corporations. 

(a) All railroad companies, including street railways, 
whether operated in one or more counties ; all sleeping car, 
dining car. drawingroom car, and palace car companies, all 
refrigerator, oil. stock, fruit and other car-loaning and other 
car companies, operating upon the railroads in this State ; all 
companies doing express business on any railroad, steamboat, 
I or stage line in this State ; all telegraph and telephone 
companies ; and all companies engaged in the transmission or 
Bale of gas or electricity shall annually pay to the State a tax 
upon their franchises, roadways, roadbeds, rails, rolling stock, 
poles, wires, pipes, canals, conduits, rights of way, and other 
property, or any part thereof used exclusively in the operation of 
their business in this State, computed as follows: Said tax 
shall be equal to the percentages hereinafter fixed upon the 
- receipts from operation of such companies, and each 
thereof within this State. When such companies are operating 
partly within and partly without this State, the gross receipts 
within this State shall be deemed to be all receipts on business 
beginning and ending within this State, and a proportion, based 
upon the proportion of the mileage within this State to the 



.162 CONSTITUTION OF CALIFORNIA. ART. XIII, § 14 

entire mileage over which such business is done, of receipts on 
all business passing through, into, or out of this State. 

The percentages above mentioned shall be as follows : On all 
railroad companies, including street railways, four per cent; 
on all sleeping car, dining car, drawingroom car, palace car 
companies, refrigerator, oil, stock, fruit, and other car-loaning 
and other car companies, three per cent ; on all companies 
doing express business on any railroad, steamboat, vessel or 
stage line, two per cent ; on all telegraph and telephone com- 
panies, three and one half per cent ; on all companies engaged in 
the transmission or sale of gas or electricity, four per cent. 
Such taxes shall be in lieu of all other taxes and licenses, State, 
county and municipal, upon the property above enumerated of 
such companies except as otherwise in this section provided ; 
provided, that nothing herein shall be construed to release any 
such company from the payment of any amount agreed to be 
paid or required by law to be paid for any special privilege or 
franchise granted by any of the municipal authorities of this 
State. 

(5) Every insurance company or association doing business 
in this State shall annually pay to the State a tax of one and 
one half per cent upon the amount of the gross premiums 
received upon its business done in this State, less return 
premiums and reinsurance in companies or associations author- 
ized to do business in this State ; provided, that there shall be 
deducted from said one and one half per cent upon the gross 
premiums the amount of any county and municipal taxes paid 
by such companies on real estate owned by them in this State. 
This tax shall be in lieu of all other taxes and licenses, State, 
county and municipal, upon the property of such companies, 
except county and municipal taxes on real estate, and except as 
otherwise in this section provided ; provided, that when by the 
laws of any other state or country, any taxes, fines, penalties, 
licenses, fees, deposits of money, or of securities, or other obliga- 
tions or prohibitions, are imposed on insurance companies of 
this State, doing business in such other state or country, or 
upon their agents therein, in excess of such taxes, fines, penalties, 
licenses, fees, deposits of money, or of securities, or other obliga- 
tions or prohibitions, imposed upon insurance companies of such 
other state or country, so long as such laws continue in force, 
the same obligations and prohibitions of whatsoever kind may 
be imposed by the Legislature upon insurance companies of such 
other state or country doing business in this State. 



AW. XIII, §14 CONSTITUTION OF CALIFORNIA. 1G3 

(<•) The shares of capital stock of all hanks, organized under 
the laws dt' this State, or of the United States, or of any other 
siate and located in this State, shall be assessed and taxed to 
the owners or holders thereof by the State Hoard of Equaliza- 
tion, in the manner to he prescribed by law, in the city or town 
where the bank is located and not elsewhere. There shall be 
levied and assessed upon such shares of capital stock an annual 
tax. payable to the State, of one per centum upon the value 
thereof. The value of each share of stock in each bank, except 
such as are in liquidation, shall be taken to be the amount paid 
in thereon, together with its pro rata of the accumulated surplus 
and undivided profits. The value of each share of stock in each 
hank which is in liquidation shall be taken to be its pro rata 
of the actual assets of such bank. This tax shall be in lieu of 
all other taxes and licenses, State, county and municipal, upon 
such shares of stock and upon the property of such banks, except 
county and municipal taxes on real estate and except as other- 
wise in this section provided. In determining the value of the 
capital stock of any bank there shall be deducted from the value, 
as defined above, the value, as assessed for county taxes, of any 
real estate, other than mortgage interests therein, owned by 
such bank and taxed for county purposes. The banks shall be 
liable to the State for this tax and the same shall be paid to the 
State by them on behalf of the stockholders in the manner and 
at the time prescribed by law, and they shall have a lien upon 
the shares of stock and upon any dividends declared thereon 
to secure the amount so paid. 

The moneyed capital, reserve, surplus, undivided profits and 
all other property belonging to unincorporated banks or bank- 
ers of this State, or held by any bank located in this State 
which has no shares of capital stock, or employed in this State 
by any branches, agencies, or other representatives of any banks 
doing business outside of the State of California, shall be like- 
wise assessed and taxed to such banks or bankers by the said 
Board of Equalization, in the manner to be provided by law and 
taxed at the same rate that 's levied upon the shares of capital 
stock of incorporated banks, as provided in the first paragraph 
of this subdivision. The value of said property shall be deter- 
mined by taking the entire property invested in such business, 
together with all the reserve, surplus, and undivided profits, at 
their full cash value, and deducting therefrom the value as as- 
1 for county taxes of any real estate, other than mortgage 
interests therein, owned by such bank and taxed for county pur- 



164 Constitution of California. Art. XIII, § 14 

poses. Such tuxes shall be in lieu of all other taxes and licenses, 
state, county and municipal, upon the property of the banks and 
bankers, mentioned in this paragraph, except county and muni- 
cipal taxes on real estate and except as otherwise in this sec- 
tion provided. It is the intention of this paragraph that all 
moneyed capital and property of the banks and bankers men- 
tioned in this paragraph shall be assessed and taxed at the same 
rate as an incorporated bank, provided for in the first para- 
graph of this subdivision. In determining the value of the 
moneyed capital and property of the banks and bankers men- 
tioned in this subdivision, the said State Board of Equalization 
shall include and assess to such banks all property and every- 
thing of value owned or held by them, which go to make up the 
value of the capital stock of such banks and bankers, if the same 
were incorporated and had shares of capital stock. 

The word "banks" as used in this subdivision shall include 
banking association, savings and loan societies and trust com- 
panies, but shall not include building and loan associations. 

(d) All franchises, other than those expressly provided for 
in this section, shall be assessed at their actual cash value, in 
the manner to be provided by law, and shall be taxed at the rate 
of one per centum each year, and the taxes collected thereon 
shall be exclusively for the benefit of the State. 

(e) Out of the revenues from the taxes provided for in 
this section, together with all other state revenues, there shall 
be first set apart the moneys to be applied by the State to the 
support of the public school system and the State University. In 
the event that the above named revenues are at any time deemed 
insufficient to meet the annual expenditures of the State, in- 
cluding the above named expenditures for educational purposes, 
there may be levied, in the manner to be provided by law, a tax, 
for State purposes, on all the property in the State including the 
classes of property enumerated in this section, sufficient to meet 
the deficiency. All property enumerated in subdivisions a, 6, 
and d of this section shall be subject to taxation, in the manner 
provided by law, to pay the principal and interest of any bonded 
indebtedness created and outstanding by any city, city and 
county, county, town, township or district, before the adoption 
of this section. The taxes so paid for principal and interest on 
such bonded indebtedness shall be deducted from the total amount 
paid in taxes for State purposes. 

(f) All the provisions of this section shall be self-executing, 
and the Legislature shall pass all laws necessary to carry this 



Art. XIII, § 14 constitution of California. 165 

section into effect, and shall provide for a valuation and assess- 
ment of the property enumerated in this section, and shall pre- 
scribe the duties of the State Board of Equalization and any 
ether officers in connection with the administration thereof. 
The rales of taxation fixed in this section shall remain in force 
until changed by the Legislature, two thirds of all the mem- 
bers elected to each of the two houses voting- in favor thereof. 
The taxes herein provided for shall become a lien on the first 
Monday in March of each year after the adoption of this sec- 
tion and shall become due and payable on the first Monday in 
July thereafter. The gross receipts and gross premiums herein 
mentioned shall be computed for the year ending the thirty-first 
day of December prior to the levy of such taxes and the value 
of any property mentioned herein shall be fixed as of the first 
Monday in March. Nothing herein contained shall affect any 
tax levied or assessed prior to the adoption of this section; and 
all laws in relation to such taxes in force at the time of the 
adoption of this section shall remain in force until changed by 
the Legislature. Until the year 1918 the State shall reimburse 
any and all counties which sustain loss of revenue by the with- 
drawal of railroad property from county taxation for the net 
loss in county revenue occasioned by the withdrawal of railroad 
property from county taxation. The Legislature shall provide 
for reimbursement from the general funds of any county to dis- 
tricts therein where loss is occasioned in such districts by the 
withdrawal from local taxation of property taxed for state pur- 
poses only. 

{g) No injunction shall ever issue in any suit, action or pro- 
ceeding in any court against this State or against any officer 
thereof to prevent or enjoin the collection of any tax levied 
under the provisions of this section ; but after payment action 
may be maintained to recover any tax illegally collected in such 
manner and at such time as may now or hereafter be provided 
by law. \~Seic section adopted November 8, 1910] 

te. — The rates fixed in the above section were changed bv 
the Legislature in 1913 (act approved February 3, 1913), and in 
1915 (act approved January 28, 1915). 

104 Cat 42: 165 Cal. 561, 566; 166 Cal. 246, 252; 48 
Cal. Dec. 140. 150, 273, 381, 382, 530; 49 Cal. Dec. 47. 
50, 51 



166 CONSTITUTION OF CALIFORNIA. ART. XIV, § 1 

ARTICLE XIV. 

WATER AND WATER RIGHTS. 

Section 1. The use of all water now appropriated, or that 
may hereafter be appropriated, for sale, rental, or distribution, 
is hereby declared to be a public use, and subject to the regula- 
tion and control of the State, in the manner to be prescribed by 
law ; provided, that the rates or compensation to be collected by 
any person, company, or corporation in this State for the use 
of water supplied to any city and county, or city, or town, or 
the inhabitants thereof, shall be fixed, annually, by the board 
of supervisors, or city and county, or city, or town council, 
or other governing body of such city and county, or city, or town, 
by ordinance or otherwise, in the manner that other ordinances 
or legislative acts or resolutions are passed by such body, and 
shall continue in force for one year and no longer. Such ordi- 
nances or resolutions shall be passed in the month of February 
of each year, and take effect on the first day of July thereafter. 
Any board or body failing to pass the necessary ordinances or 
resolutions fixing water rates, where necessary, within such 
time, shall be subject to peremptory process to compel action, at 
the suit of any party interested, and shall be liable to such 
further processes and penalties as the Legislature may pre- 
scribe. Any person, company, or corporation collecting water 
rates in any city and county, or city, or town in this State, other- 
wise than as so established, shall forfeit the franchises and 
waterworks of such person, company, or corporation to the city 
and county, or city, or town, where the same are collected, for 
the public use. 

53 Cal. 611 ; 56 Cal. 596 ; 60 Cal. 169, 170, 175, 176, 177 ; 

61 Cal. 4 et seq.; 62 Cal. 209, 232; 67 Cal. 121; 69 Cal. 

309 ; 74 Cal. 573 ; 76 Cal. 370 ; 82 Cal. 302, 303, 331, 337 ; 

90 Cal. 640 ; 98 Cal. 183 ; 100 Cal. 121 et seq. ; 105 Cal. 

91; 107 Cal. 225; 108 Cal. 90, 560; 112 Cal. 433; 118 

Cal. 479, 563, 565, 579 ; 122 Cal. 286, 28S ; 129 Cal. 441 ; 

130 Cal. 313 ; 139 Cal. 28, 434, 441, 442 ; 142 Cal. 287 ; 

143 Cal. 252 ; 144 Cal. 593 ; 150 Cal. 89 ; 151 Cal. 57 ; 

152 Cal. 588, 729 ; 157 Cal. 89 ; 159 Cal. 312, 333 ; 164 

Cal. 133, 134 ; 165 Cal. 134 ; 2 Cal. App. 187, 413, 417 ; 

8 Cal. App 169, 174; 48 Cal. Dec. 175, 179, 399^12; 

19 Cal. App. Dec. 597. 



Art. XIV. § 2 constitution of California. 107 

Regulation of municipal water works. 

Sec. 2. The right to collect rates or compensation for the use 
of water supplied to any county, city and county, or town, or 
the inhabitants thereof, is a franchise, and can not be exercised 
except by authority of and in the manner prescribed by law. 

GO Cal. 170: 61 Cal. 3. 35. 37. 38. 47. 50: 62 Cal. 108, 
209. 233. 231 : 82 Cal. 301 ; US Cal. 579 : 129 Cal. 441, 
442. 450; 2 Cal. App. 600; 19 Cal. App. Dec. 597. 

ARTICLE XV. 

HARBOR FRONTAGE. ETC. 

Section 1. The right of eminent domain is hereby declared 
to exist in the State to all frontages on the navigable waters of 
this State. 

123 Cal. 320. 321. 

People shall always have access to navigable waters. 

Sec 2. Xo individual, partnership, or corporation, claiming 
or possessing the frontage or tidal lands of a harbor, bay, inlet 
estuary, or other navigable water in this State, shall be per- 
mitted to exclude the right of way to such water whenever it is 
required for any public purpose, nor to destroy or obstruct the 
free navigation of such water ; and the Legislature shall enact 
such laws as will give the most liberal construction to this pro- 
vision, so that access to the navigable waters of this State shall 
be always attainable for the people thereof. 

123 Cal. 321 ; 132 Cal. 106 ; 164 Cal. 84 ; 166 Cal. 587, 

598, 617, 619, 621. 

Tide lands not to pass into private hands. 

Sec 3. All tide lands within two miles of any incorporated 
city or town in this State, and fronting on the waters of any 
harbor, estuary, bay. or inlet, used for the purposes of naviga- 
tion, shall be withheld from grant or sale to private persons, 
partnerships, or corporations. 

123 Cal. 321 : 152 Cal. 735 ; 153 Cal. 46 ; 161 Cal. 613 ; 
162 Cal. 90; 163 Cal. 544: 164 Cal. 403; 166 Cal. 603, 
»;<".>. 623; 167 Cal. 446; 24 Cal. App. 200. 



108 CONSTITUTION OF CALIFORNIA. ART. XVI, § 1 

ARTICLE XVI. 

STATE INDEBTEDNESS. 

Section 1. The Legislature shall not, in any manner, create 
any debt or debts, liability or liabilities, which shall, singly or in 
the aggregate with any previous debts or liabilities, exceed the 
sum of three hundred thousand dollars, except in case of war 
to repel invasion or suppress insurrection, unless the same shall 
be authorized by law for some single object or work to be dis- 
tinctly specified therein, which law shall provide ways and means, 
exclusive of loans, for the payment of the interest of such debt 
or liability as it falls due, and also to pay and discharge the 
principal of such debt or liability within seventy-five years of 
the time of the contracting thereof, and shall be irrepealable 
until the principal and interest thereon shall be paid and dis- 
charged and such law may make provision for a sinking fund to 
pay the principal of such debt or liability to commence at a 
time after the incurring of such debt or liability of not more 
than a period of one fourth of the time of maturity of such debt 
or liability ; but no such law shall take effect until, at a general 
election, it shall have been submitted to the people and shall 
have' received a majority of all the votes cast for and against 
it at such election ; and all moneys raised by authority of such 
law shall be applied only to the specific object therein stated or 
to the payment of the debt thereby created, and such law shall 
be published in at least one newspaper in each county, or city 
and county, if one be published therein, throughout the State, 
for three months next preceding the election at which it is sub- 
mitted to the people. The Legislature may, at any time after 
the approval of such law by the people, if no debt shall have 
been contracted in pursuance thereof, repeal the same. [Amend- 
ment adopted November 3, 1908] 

Original text. — Section 1. The Legislature shall not, in any 
manner, create any debt or debts, liability or liabilities, which 
shall, singly or in the aggregate with any previous debts or 
liabilities, exceed the sum of three hundred thousand dollars, ex- 
cept in case of war to repel invasion or suppress insurrection, 
unless the same shall be authorized by law for some single 
object or work to be distinctly specified therein, which law 
shall provide ways and means, exclusive of loans, for the pay- 
ment of the interest of such debt or liability as it falls due, and 
also to pay and discharge the principal of such debt or liability 
within twenty years of the time of the contracting thereof, and 
shall be irrepealable until the principal and interest thereon 
shall be paid and discharged ; but no such law shall take effect 
until, at a general election, it shall have been submitted to the 



ABT. XVII, § 1 CONSTITUTION OF CALIFORNIA. 109 

people and shall have received a majority of all the votes cast 
for and against it at such election ; and all moneys raised by 
authority of such law shall be applied only to the specific object 
therein stated, or to the payment of the debt thereby created, 
and such lavs- shall be published in at least one newspaper in 
each county, or city and county, if one be nublished therein, 
throughout the State, for three months next preceding the elec- 
tion at which it is submitted to the people. The Legislature 
may. at any time after the approval of such law by the people, 
if no debt shall have been contracted in pursuance thereof, re- 
peal the same. [Constitution of 1849. Art. VIII, § 1] 

144 Cal. 694; 148 Cal. 502. 503. 
ARTICLE XVII. 

LAND AND HOMESTEAD EXEMPTION. 

Section 1. The Legislature shall protect, by law, from 
forced sale, a certain portion of the homestead and other 
property of all heads of families. [Constitution of 1849. Art. 
XL §15] 

02 Cal. 138: 82 Cal. 228, 232. 230; 99 Cal. 48; 111 Cal. 
487 : 119 Cal. 374 : 140 Cal. 021 ; 150 Cal. 309 ; 11 Cal. 
App. 727: 12 Cal. App. 359. 

Holding of unimproved lands against public interest. 

Sec. 2. The holding of large tracts of land, uncultivated 
and unimproved, by individuals or corporations, is against the 
public interest, and should be discouraged by all means not in- 
consistent with the rights of private property. 

S8 Cal. 455; 90 Gal. 118; 111 Cal. 400; 1 Cal. App. 

150; 3 Cal. App. 245. 

State lands granted only to actual settlers. 

Sec. 3. Lands belonging to this State, which are suitable 
for cultivation, shall be granted only to actual settlers, and in 
quantities not exceeding three hundred and twenty acres to 
each settlor, under such conditions as shall be prescribed by 
law. 

55 Cal. 103, 104, 1<)5: 57 Cal. 70: 05 Cal. 13, 15; 
Cal. 27". 508; 71 Cal. 321; 72 Cal. 240; 77 Cal. 535; 
7- Cal. 8; ^2 Cal. 141, 049; 88 Cal. 275. 455, 450. 457, 
459; 89 Cal. 44: 90 Cal. 47: 96 Cal. 118; 100 Cal. 490; 
111 Cal. 400; 143 Cal. 72: 140 Cal. 543: 148 Cal. 490, 
714: 158 Cal. 010: 164 Cal. 408; 1 Cal. App. 150: 

3 Cal. App. 244. 

8— 1 1 



170 CONSTITUTION OF CALIFORNIA. AET. XVIII, § 1 

ARTICLE XVIII. 

AMENDING AND REVISING THE CONSTITUTION. 

Section 1. Any amendment or amendments to this Consti- 
tution may be proposed in the Senate or Assembly, and if two 
thirds of all the members elected to each of the two houses shall 
vote in favor thereof, such proposed amendment or amendments 
shall be entered in their journals, with the yeas and nays taken 
thereon ; and it shall be the duty of the Legislature to submit 
such proposed amendment or amendments to the people in such 
manner, and at such time, and after such publication as may be 
deemed expedient. Should more amendments than one be sub- 
mitted at the same election, they shall be so prepared and 
distinguished, by numbers or otherwise, that each can be voted 
on separately. If the people shall approve and ratify such 
amendment or amendments, or any of them, by a majority of 
the qualified electors voting thereon, such amendment or amend- 
ments shall become a part of this Constitution. [Constitution 
of 1849, Art. X, § 1] 

66 Cal. 633; 69 Cal. 468, 473, 481; 72 Cal. 6; 80 Cal. 

213 ; 102 Cal. 117, 120, 125, 126 ; 130 Cal. 91 ; 166 Cal. 

252. 

Note. — Time when constitutional amendment takes effect, — 
"The amendment (Article XIII. Section 14), which is by its 
own terms declared to be self-executing, was adopted at an 
election held on November 8, 1910, and became a part of the 
organic law on that date." 166 Cal. 252. See also 148 Cal. 69. 

Constitutional conventions. 

Sec. 2. Whenever two thirds of the members elected to each 
branch of the Legislature shall deem it necessary to revise this 
Constitution, they shall recommend to the electors to vote, at 
the next general election, for or against a convention for that 
purpose, and if a majority of the electors voting at such election 
on the proposition for a convention shall vote in favor thereof, 
the Legislature shall, at its next session, provide by law for 
calling the same. The convention shall consist of a number of 
delegates not to exceed that of both branches of the Legislature, 
who shall be chosen in the same manner, and have the same 
qualifications, as members of the Legislature. The delegates 
so elected shall meet within three months after their election, 
at such place as the Legislature may direct. At a special 
election to be provided for by law, the constitution that may be 
agreed upon by such convention shall be submitted to the people 
for their ratification or rejection, in such manner as the con- 
vention may determine. The returns of such election shall, in 



Alii. XIX. S 1 CONSTITUTION OF CALIFORNIA. 1.1 

such maimer as the convention shall direct, be certified to the 

Executive of the Slate, who shall call to his assistance the 
Controller. Treasurer, and Secretary of State, and compare 
the returns so certified to him: and it shall he the duty of the 
Executive to declare, by his proclamation, such constitution as 
may have been ratified by a majority of all the votes cast at 
Bttch special election, to be the Constitution of the State of 
California. [Constitution of 1840. Art. X. §2] 
69 Gal. 474: 102 Cal. 126. 

ARTICLE XIX. 
chinks;;. 
Section 1. The Legislature shall prescribe all necessary 
regulations for the protection of the State, and the counties, 
cities, and towns thereof, from the burdens and evils arising 
from the presence of aliens who are or may become vagrants, 
paupers, mendicants, criminals, or invalids afflicted with con- 
tagious or infectious diseases, and from aliens otherwise dan- 
gerous or detrimental to the well-being or peace of the State, 
and to impose conditions upon which such persons may reside 
in the State, and to provide the means and mode of their 
removal from the State, upon failure or refusal to comply with 
such conditions: provided, that nothing contained in this section 
shall be construed to impair or limit the power of the Legis- 
lature to pass such police laws or other regulations as it may 
deem necessary. 

B4 Cal. 230; 126 Cal. 674: 147 Cal. 651. 

Corporations not to employ Chinese. 

St:c. 2. Xo corporation now existing or hereafter formed 

under the laws of this State shall, after the adoption of this 

-itution. employ, directly or indirectly, in any capacity, 

any Chinese or Mongolian. The Legislature shall pass such 

laws as may be necessary to enforce this provision. 

te. — The provisions of this section held to be in conflict 
with the T'nitf] States Constitution and therefore void. In re 
Parrott. 1 Fed. 481. 

Employment of Chinese in public work. 

SEC. •'!. No Chinese shall be employed on any state, county, 
municipal, or other public work, excepl in punishment for 
crime. 



172 CONSTITUTION OF CALIFORNIA. ART. XIX, § 4 

Immigration of foreigners ineligible to citizenship discouraged. 
Sec. 4. The presence of foreigners ineligible to become citi- 
zens of the United States is declared to be dangerous to the 
well-being of the State, and the Legislature shall discourage 
their immigration by all the means within its power. Asiatic 
coolieism is a form of human slavery, and is forever prohibited 
in this State, and all contracts for coolie labor shall be void. 
All companies or corporations, whether formed in this country 
or any foreign country, for the importation of such labor, shall 
be subject to such penalties as the Legislature may prescribe. 
The Legislature shall delegate all necessary power to the in- 
corporated cities and towns of this State for the removal of 
Chinese without the limits of such cities and towns, or for their 
location within prescribed portions of those limits, and it shall 
also provide the necessary legislation to prohibit the introduc- 
tion into this State of Chinese after the adoption of this Con- 
stitution. This section shall be enforced by appropriate legis- 
lation. 

66 Cal. 473. 

ARTICLE XX. 

MISCELLANEOUS SUBJECTS. 

Section 1. The City of Sacramento is hereby declared to 
be the seat of government of this State, and shall so remain 
until changed by law ; but no law changing the seat of govern- 
ment shall be valid or binding unless the same be approved 
and ratified by a majority of the qualified electors of the State 
voting therefor at a general State election, under such regula- 
tions and provisions as the Legislature, by a two-thirds vote of 
each house, may provide, submitting the question of change to 
the people. [Constitution of 1849, Art. XI, § 1] 
102 Cal. 114. 119. 125, 126. 

Duelling forbidden. 

Sec. 2. Any citizen of this State who shall, after the adop- 
tion of this Constitution, fight a duel with deadly weapons, or 
send or accept a challenge to fight a duel with deadly weapons 
either within this State or out of it, or who shall act as second, 
or knowingly aid or assist in any manner those thus offending, 
shall not be allowed to hold any office of profit, or to enjoy the 
right of suffrage under this Constitution. [Constitution of 
1849. Art. XI, § 21 
154 Cal. 281. 



ABT. XX. § ."> CONSTITUTION OF CALIFORNIA. 173 

Oath of office. 

Sec. •*}. Members of the Legislature, and all officers, execu- 
tive and judicial, excepl such inferior officers as may be by law 
exempted, shall, before they enter upon the duties of their 
respective offices, take and subscribe the following oath or 
affirmation : 

"I do solemnly swear i or affirm, as the case may be) that I 
will support the Constitution of the United States and the 
Constitution of the State of California, and that I will faith- 
fully discharge the duties of the office of ■ according to 

the best of my ability." 

And no other oath, declaration, or test shall be required as a 
qualification for any office or public trust. [Constitution of 
1849, Art. XI, §3] 

79 Cal. 109 ; 133 Cal. 200 ; 151 Cal. 804 ; 155 Cal. 791. 

Officials to be provided for by Legislature. 

Sec. 4. All officers or commissioners whose election or ap- 
pointment is not provided for by this Constitution, and all 
officers or commissioners whose offices or duties may hereafter 
be created by law, shall be elected by the people, or appointed, 
as the Legislature may direct. [Constitution of 1849, Art. XI, 
* 6] 

80 Cal. 234; 85 Cal. 416; 110 Cal. 451; 143 Cal. 414, 
410. 

Fiscal year. 

Sec. 5. The fiscal year shall commence on the first day of 
July. [Constitution of 1849, Art. XI, § 8] 

89 Cal. 200; 93 Cal. 400; 139 Cal. 524. 

Suits against State. 

Sec. 0. Suits may be brought against the State in such 
manner and in such courts as shall be directed by law. [Con- 
stitution of 1M<). Art. XI, § 11] 

1 Cal. App. 144; 8 Cal. App. 510. 

Marriage — Religious ceremony. 

Si i . 7. Xo contract of marriage, if otherwise duly made, 
shall be invalidated for want of conformity to the requirements 
ny religions sect. [Constitution of 1849, Art. XI, § 121 



174 CONSTITUTION OF CALIFORNIA. ART. XX. § 8 

Separate property. 

Sec. S. All property, real and personal, owned by either 
husband or wife, before marriage, and that acquired by either 
of them afterwards by gift, devise, or descent, shall be their 
separate property. [Constitution of 1840. Art. XI. § 14] 

52 Cal. 110 ; 116 Gal. 341 ; 147 Cal. 515. 

Perpetuities. 

Sec. 9. Xo perpetuities shall be allowed except for eleemo- 
synary purposes. [Constitution of 1849, Art. XI, § 16] 

53 Cal. 472; 58 Cal. 457; 108 Cal. 659: 113 Cal. 139: 
138 Cal. 553; 3 Cal. App. 747. 

Disqualification for bribery. 

Sec. 10. Every person shall be disqualified from holding 
any office of profit in this State who shall have been convicted 
of having given or offered a bribe to procure his election or 
appointment. [Constitution of 1S49. Art. XI, § 17] 
154 Cal. 281. 

Misconduct in office — Corrupt practices. 

Sec 11. Laws shall be made to exclude from office, serving 
on juries, and from the right of suffrage, persons convicted of 
bribery, perjury, forgery, malfeasance in office, or other high 
crimes. The privilege of free suffrage shall be supported by- 
laws regulating elections, and prohibiting, under adequate 
penalties, all undue influence thereon from power, bribery, 
tumult, or other improper practice. [Constitution of 1849. 
Art. XI. § IS] 

118 Cal. 489 ; 120 Cal. 375 ; 154 Cal. 281 : 19 Cal. App. 

Dec. 844. 

Absence as affecting residence. 

Sec. 12. Absence from this State, on business of the State 
or of the United States, shall not affect the question of residence 
of any person. [Constitution of 1S49, Art. XI, § 19] 

Election by plurality — Municipal regulations. 

Sec. 13. A plurality of the votes given at any election shall 
constitute a choice where not otherwise directed in this Con- 
stitution ; provided, that it shall be competent in all charters 
of cities, counties or cities and counties framed under the 
authority of this Constitution to provide the manner in which 
their respective elective officers may be elected and to prescribe 



ART. XX. § 14 CONSTITUTION OF CALIFORNIA. lTo 

a higher proportion of the vote therefor; and prodded, also, 
that it shall be competent for the Legislature by general law 
to provide the manner in which officers of municipalities organ- 
ized or incorporated under general laws may be elected and to 
prescribe a higher proportion of the vote therefor. [Amend* 
ment adopted October 10, 1911] 

Original test. — Sec. 13. A plurality of the votes given at 
any election shall constitute a choice, where not otherwise 
directed in this Constitution. [Constitution of 1849, Art. XI, 
§20] 

143 Cal. 549: 159 Cal. 144: 7 Gal. App. 152. 

State board of health. 

Sec. 14. The Legislature shall provide, by law, for the 
maintenance and efficiency of a state board of health. 

Mechanics' liens. 

Sec 15. Mechanics, materialmen, artisans, and laborers of 
every class shall have a lien upon the property upon which they 
have bestowed labor or furnished material, for the value of 
such labor done and material furnished ; and the Legislature 
shall provide, by law. for the speedy and efficient enforcement 
of such liens. 

43 Cal. 521 : Gl Cal. 353 ; 74 Cal. 625 ; 81 Cal. 170, 179 ; 

89 Cal. Ill : 97 Cal 646 : 98 Cal. 149. 151 ; 107 Cal. 623 ; 

109 Cal. 184: 117 Cal. 214. 699: 136 Cal. 125; 138 Cal. 

545: 142 Cal. 242: 148 Cal. 583, 737; 150 Cal. 792: 

167 Cal. 235. 236; 1 Cal. App. 308; 2 Cal. App. 507; 

3 Cal. App. 4S0 ; 5 Cal. App. 759, 760, 761 ; 8 Cal. App. 
8, 509, 518, 524: 10 Cal. App. 92; 14 Cal. App. 302; 

18 Cal. App. 599. 

Term of office when not fixed by Constitution. 

SEC. 16. W hen the term of any officer or commissioner is 
Dot provided for in this Constitution, the term of such officer 
or commissioner may be declared by law: and if not so declared. 
such officer or commissioner sliall hold his position as such 
officer or r-ommissioner during the pleasure of the authority mak- 
ing the appointment; but in no case sliall such term exceed 
four years: provided, however, thai in the ease of any officer 
or employee of any municipality governed under a legally 
adopted charter, the provisions of such charter with reference 
to the tenure of office or the dismissal from office of any such 
officer or employee, shall control ; and provided, further, that 



176 CONSTITUTION OF CALIFORNIA. AkT. XX, § 17 

the term of office of any person heretofore or hereafter ap- 
pointed to hold office or employment during good behavior under 
civil service laws of the State or of any political division thereof 
shall not be limited by this section. [Amendment adopted 
October 10, 1911] 

Amendment of 1906. — Sec. 16. When the term of any offi- 
cer or commissioner is not provided for in this Constitution, the 
term of such officer or commissioner may be declared by law ; 
and, if not so declared, such officer or commissioner shall hold 
his position as such officer or commissioner during the pleas- 
ure of the authority making the appointment ; but in no case 
shall such term exceed four years ; provided, hoioever, that in 
the case of any officer or employee of any municipality governed 
under a legally adopted charter, the provisions of such charter 
with reference to the tenure of office or the dismissal from of- 
fice of any such officer or employee shall control. [Adopted No- 
vember 6, 19061 

Original text. — Sec. 16. When the term of any officer or 
commissioner is not provided for in this Constitution, the term 
of such officer or commissioner may be declared by law ; and 
if not so declared, such officer or commissioner shall hold his 
position as such officer or commissioner during the pleasure of 
the authority making the appointment ; but in no case shall 
such term exceed four years. [Constitution of 1849, Art. XI, 
§7] 

7 Cal. 102; 55 Cal. 524; 56 Cal. 114; 6Q Cal. 655; 

79 Cal. 105, 106, 113 ; 82 Cal. 495 ; 85 Cal. 416 ; 93 Cal. 

153, 155, 158 ; 100 Cal. 260, 264 ; 110 Cal. 451, 452, 453 ; 

127 Cal. 392 ; 132 Cal. 450 ; 136 Cal. 581, 654 ; 138 Cal. 

16 ; 145 Cal. 471 ; 157 Cal. 483 ; 161 Cal. 202, 203, 204 ; 

1 Cal. App. 7 ; 6 Cal. App. 222, 224. 

Eight-hour day on public work. 

Sec. 17. The time of service of all laborers or workmen or 
mechanics employed upon any public works of the State of 
California, or of any county, city and county, city, town, dis- 
trict, township, or any other political subdivision thereof, 
whether said work is done by contract or otherwise, shall be 
limited and restricted to eight hours in any one calendar day, 
except in cases of extraordinary emergency caused by fire, flood, 
or danger to life and property, or except to work upon public, 
military, or naval works or defenses in time of war, and the 
Legislature shall provide by law that a stipulation to this effect 
shall be incorporated in all contracts for public work, and pre- 
scribe proper penalties for the speedy and efficient enforcement 
of said law. [Amendment adopted November 4, 1902] 

Original text. — Sec. 17. Eight hours shall constitute a legal 
day's work on all public work. 



ART. XX. S 173 CONSTITUTION OF CALIFORNIA. 177 

Minimum wage for women and minors. 

Sec. 17^. The Legislature may. by appropriate legislation, 
provide for the establishment of a minimum -wage for women 
and minors and may provide for the comfort, health, safety 
and general welfare of any and all employees. Xo provision of 
this constitution shall be construed as a limitation upon the 
authority of the Legislature to confer upon any commission now 
or hereafter created, such power and authority as the Legislature 
may deem requisite to carry out the provisions of this section. 
[New section adopted 'November -?. 1914] 

All businesses and professions open to women. 

Sec. IS. Xo person shall, on account of sex, be disqualified 
from entering upon or pursuing any lawful business, vocation, 
or profession. 

57 Cal. (305. 607. 60S. 610. 611; 60 Gal. 82; 96 Cal. 360, 

361: OS Cal. 006; 162 Cal. 691, 692. 

Payment of expenses of convention. 

Sec 19. Xothing in this Constitution shall prevent the Legis- 
lature from providing, by law, for the payment of the expenses 
of the convention framing this Constitution, including the per 
diem of the delegates for the full term thereof. 

Time of elections. 

Sec. 20. Elections of the officers provided by this Consti- 
tution, except at the election in the year eighteen hundred and 
seventy-nine, shall be held on the even-numbered 3-ears next 
before the expiration of their respective terms. The terms of 
such officers shall commence on the first Monday after the first 
day of January next following their election. [Constitution of 
1849, Art. IV. § 39, and Schedule, §§ 8 and 13] 

53 Cal. 747. 748, 719. 622: 56 Cal. 100, 102, 103, 104. 

106, 108, 109, 110, 111, 113 : 58 Cal. 560 ; 62 Cal. 565 ; 

'.'•; Cal. 291 : 99 Cal. 39. 14, 45. 46; 116 Cal. 112; 9 Cal. ; 

App. 103, 164, 165. 

Workmen's compensation — Labor disputes. 

. 21. The Legislature may by appropriate legislation 
create and enforce a liability on the part of all employers to 
compensate their employees for any injury incurred by the said 
employees in the course of their employment, irrespective of the 
fault of either party. The Legislature may provide for the 
ment of any disputes arising under the legislation contem- 



178 CONSTITUTION OF CALIFOENIA. ART. XXI, § 1 

plated by this section, by arbitration, or by an industrial acci- 
dent board, by the courts, or by either any cr all of these agen- 
cies, anything in this Constitution to the contrary notAvithstand- 
ing. [Amendment adopted October 10, 1911] 

ARTICLE XXL 

BOUNDARY. 

Section 1. The boundary of the State of California shall be 
as follows : Commencing at the point of intersection of the 
forty-second degree of north latitude with the one hundred 
and twentieth degree of longitude west from Greenwich, and 
running south on the line of said one hundred and twentieth 
degree of west longitude until it intersects the. thirty-ninth 
degree of north latitude ; thence running in a straight line, in a 
southeasterly direction to the River Colorado, at a point 
where it intersects the thirty-fifth degree of north latitude ; 
thence down the middle of the channel of said river to the 
boundary line between the United States and Mexico, as 
established by the. treaty of May thirtieth, one thousand eight 
hundred and forty-eight ; thence running west and along said 
boundary line to the Pacific Ocean, and extending therein three 
English miles ; thence running in a northwesterly direction and 
following the direction of the Pacific coast to the forty-second 
degree of north latitude ; thence on the line of said forty-second 
degree of north latitude to the place of beginning. Also, includ- 
ing all the islands, harbors, and bays along and adjacent to the 
coast. [Constitution of 1849, Art. XII, § 1] 

ARTICLE XXII. 

SCHEDULE. 

That no inconvenience may arise from the alterations and 
amendments in the Constitution of this State, and to carry the 
same into complete effect, it is hereby ordained and declared : 

Laws to remain in force. 

Section 1. That all laws in force at the adoption of this 
Constitution, not inconsistent therewith, shall remain in full 
force and effect until altered or repealed by the Legislature ; 
and all rights, actions, prosecutions, claims, and contracts of the 
State, counties, individuals, or bodies corporate, not inconsistent 
therewith, shall continue to be as valid as if this Constitution 
had not been adopted. The provisions of all laws which are 



Art. XXII, § 2 constitution of California. 179 

inconsistent with this Constitution shall coast upon the adoption 
thereof, except that all laws which are inconsistent with such 

provisions of this Constitution as require legislation to enforce 
them shall remain in full force until tic first day of July. 
eighteen hundred and eighty, unless sooner altered or repealed 
hy the Legislature. 

53 CaL 746 : 54 Gal. 247, 345 : 56 Cal. 653, 655 ; 57 Cal. 

609, 0.27: 58 Cal. 561; 59 Cal. 131. 550; GO Cal. 

155, 278. 514, 515 : 01 Cal. 1. 32. 197. 279, 351 ; 04 Cal. 

68, 251; 07 Cal. 382; 09 Cal. 88, 99, 100, 372, 405, 409, 

473, 479: 71 Cal. 310. 312: 75 Cal. 153; 76 Cal. 92; 

SO Cal. 230: 93 Cal. 10. 421. 424: 114 Cal. 503; 119 

Cal. 428: 121 Cal. 551 : 152 Cal. 736; 154 Cal. 200, 339; 

157 Cal. 779: 100 Cal. 5S0 : 104 Cal. 325; 100 Cal. 587; 

1 Cal. App. 04: 12 Cal. App. 291. 292; 13 Cal. App. 624; 

22 Cal. App. 528. 

Existing obligations and pending suits. 

Sec. 2. That all recognizances, obligations, and all other 
instruments entered into or executed before the adoption of this 
Constitution, to this State, or to any subdivision thereof, or any 
municipality therein, and all fines, taxes, penalties, and forfei- 
tures due or owing to this State, or any subdivision or munici- 
pality thereof, and all writs, prosecutions, actions, and causes 
of action, except as herein otherwise provided, shall continue and 
remain unaffected by the adoption of this Constitution. All 
indictments or informations which shall have been found, or may 
hereafter be found, for any crime or offense committed before 
this Constitution takes effect, may be proceeded upon as if no 
change had taken place, except as otherwise provided in this 
stitution. 

59 Cal. 254: 0U Cal. 515: 04 Cal. 253; 75 Cal. 153. 

Courts abolished — Records transferred. 

SEC. 3. All courts now existing, save justices' and police 
courts, are hereby abolished, and all records, books, papers, and 
proceedings from such courts, as are abolished by this Consti- 
tution, shall be transferred, on the first day of January, 
eighteen hundred and eighty, to the courts provided for in this 
stitution; and the courts to which the same are thus trans- 
ferred shall have the same power and jurisdiction over them as 



180 CONSTITUTION OF CALIFORNIA. ART. XXII, § 4 

if they had been in the first instance commenced, filed, or lodged 
therein. [Constitution of 1849, Art. VI, § 19] 

54 Cal. 186, 346 ; 55 Cal. 463 ; 57 Cal. 542 ; 58 Cal. 90 ; 

60 Cal. 307, 515; 66 Cal. 204, 406; 67 Cal. 41, 42; 

69 Cal. 99, 520; 75 Cal. 153; 87 Cal. 82, 83; 114 Cal. 

318, 331; 48 Cal. Dec. 598. 

Constitution to be printed and election proclaimed. 

Sec. 4. The Superintendent of Printing of the State of 
California shall, at least thirty days before the first Wednesday 
in May, A. D. eighteen hundred and seventy-nine, cause to 
be printed at the State printing office, in pamphlet form, simply 
stitched, as many copies of this Constitution as there are regis- 
tered voters in this State, and mail one copy thereof to the 
post-office address of each registered voter ; provided, any copies 
not called for ten days after reaching their delivery office, shall 
be subject to general distribution by the several postmasters of 
the State. The Governor shall issue his proclamation, giving 
notice of the election for the adoption or rejection of this Consti- 
tution, at least thirty days before the said first Wednesday of 
May, eighteen hundred and seventy-nine, and the boards of 
supervisors of the several counties shall cai _ se said proclamation 
to be made public in their respective counties, and general notice 
of said election to be given at least fifteen days next before 
said election. [Constitution of 1S49, Schedule, § 6] 

Ballots to be prepared. 

Sec. 5. The Superintendent of Printing of the State of Cali- 
fornia shall, at least' twenty days before said election, cause 
to be printed and delivered to the clerk of each county in this 
State five times the number of properly prepared ballots for 
said election that there are voters in said respective counties, 
with the words printed thereon : "For the New Constitution." 
Me shall likewise cause to be so printed and delivered to said 
clerks five times the number of properly prepared ballots for 
said election that there are voters in said respective counties 
with the words printed thereon : "Against the New Constitution." 
The Secretary of State is hereby authorized and required to 
furnish the Superintendent of State Printing a sufficient quantity 
of legal ballot paper, now on hand, to carry out the provisions 
of this section. [Constitution of 1849, Schedule, § 6] 



Art. XXII. s»; constitution of California. 181 

Poll books provided. 

Six. 6. The dorks of the several counties in the State shall, 
at least five days before said election, cause to be delivered to 
the inspectors of elections, at each election precinct or polling 
place, in their respective counties, suitable registers, poll books, 
forms of return, and an equal number of the aforesaid ballots, 
which number, in the aggregate, must be ten times greater than 
the number of voters in the said election precincts or polling 
places. The returns of the number of votes cast at the presi- 
dential election in the year eighteen hundred and seventy-six 
shall serve as a basis of calculation for this and the preceding 
section : provided, that the duties in this and the preceding sec- 
tion imposed upon the clerks of the respective counties shall, 
in the city and county of San Francisco, be performed by the 
registrar of voters for said city and county. [Constitution of 
1849, Schedule. § 6] 

Who to vote. 

Sec. 7. Every citizen of the United States, entitled by law 
to vote for members of the assembly in this State, shall be 
entitled to vote for the adoption or rejection of this Constitution. 
[Constitution of 1849. Schedule, §5] 

Canvass of returns. 

Sec. 8. The officers of the several counties of this State, 
whose duty it is, under the law, to receive and canvass the 
returns from the several precincts of their respective counties, 
as well as of the city and county of San Francisco, shall meet 
at the usual places of meeting for such purposes on the first 
Monday after said election. If, at the time of meeting, the 
returns from each precinct in the county in which the polls were 
opened have been received, the board must then and there pro- 

to canvass the returns; but if all the returns have not been 
received, the canvass must be postponed from time to time until 
all the returns are received, or until the second Monday after 
said election, when they shall proceed to make out returns of 
the votes cast for and against the new Constitution; and the 
proceedings of said board shall be the same as those prescribed 
for likf boards in the case of an election for Governor. Upon 
the completion of said canvass and returns, the said boards 
s'.jnll immediately certify the same, in the usual form, to the 

rnor cf the State of California. [Constitution of 1849, 

lule, S 6] 



1S2 CONSTITUTION OF CALIFORNIA. ART. XXII, § 9 

Computation of returns and proclamation. 

Sec. 9. The Governor of the State of California shall, as 
soon as the returns of said election shall be received by him, 
or within thirty days after said election, in the presence and 
with the assistance of the Controller, Treasurer, and Secretary 
of State, open and compute all the returns received of votes cast 
for and against the new Constitution. If, by such examination 
and computation, it is ascertained that a majority of the whole 
number of votes cast at such election is in favor of such new 
Constitution, the Executive of this State shall, by his proc- 
lamation, declare such new Constitution to be the Constitution 
of the State of California, and that it shall take effect and be 
in force on the days hereinafter specified. [Constitution of 
1849, Schedule, §§ 6 and 7] 
155 Cal. 734. 

Terms of officers first elected. 

Sec. 10. In order that future elections in this State shall 
conform to the requirements of this Constitution, the terms of 
all officers elected at the first election under the same shall be, 
respectively, one year shorter than the terms as fixed by law or 
by this Constitution; and the successors of all such officers shall 
be elected at the last election before the expiration of the terms 
as in this section provided. The first officers chosen after the 
adoption of this Constitution shall be elected at the time and 
in the manner now provided by-law. Judicial officers and the 
Superintendent of Public Instruction shall be elected at the 
time and in the manner that state officers are elected. 

55 Cal. 611, 622 ; 56 Cal. 99, 101, 103, 104, 105, 106, 108, 
109, 110; 57 Cal. 626; 58 Cal. 559; 60 Cal. 307; 62 Cal. 
557, 565, 566; 114 Cal. 333. 

Existing laws relative to judicial system continued. 
Sec. 11. All laws relative to the present judicial system of 

the State shall be applicable to the judicial system created by 

this Constitution until changed by legislation. 

59 Cal. 129, 130; 60 Cal. 307; 64 Cal. 235, 243, 253, 
378 ; 66 Cal. 406 ; 93 Cal. 34, 40 ; 103 Cal. 491 ; 114 Cal. 
331 ; 116 Cal. 195 ; 148 Cal. 70 ; 1 Cal. App. 574. 

Date when Constitution in force. 

Sec. 12. This Constitution shall take effect and be in force 
on and after the fourth day of July, eighteen hundred and 
seventy-nine, at twelve o'clock meridian, so far as the same 



Art. XXIIT. §1 constitution of California. 183 

relates to the election of all officers, the commencement of their 
tonus of office, and the meeting of the Legislature. In all other 
respects, ami for all other purposes, this Constitution shall lake 
effect on the first day of January, eighteen hundred and eighty, 
at twelve o'clock meridian. 

56 Cal. 00. Ill : 57 Cal. 627 ; 59 Cal. 131; GO Cal. 513. 

ARTICLE XXIII. 

RECALL OF PUBLIC OFFICIALS. 

Section 1. Every elective public officer of the State of 
California may be removed from office at any time by the elec- 
tors entitled to vote for a successor of such incumbent, through 
the procedure and in the manner herein provided for, which pro- 
cedure shall be known as the recall, and is in addition to any 
other method of removal provided by law. 

The procedure hereunder to effect the removal of an incum- 
bent of an elective public office shall be as follows : A petition 
signed by electors entitled to vote for a successor of the incum- 
bent sought to be removed, equal in number to at least twelve 
per cent of the entire vote cast at the last preceding election 
for all candidates for the office, which the incumbent smgkt to 
be removed occupies (provided that if the officer sought to be 
removed is a state officer who is elected in any political subdi- 
vision of the State, said petition shall be signed by electors 
entitled to vote for a successor to the incumbent sought to be 
removed, equal in number to at least twenty per cent of the 
entire vote cast at the last preceding election for all candidates 
for the office which the incumbent sought to be removed occupies) 
demanding an election of a successor to the officer named in 
petition, shall be addressed to the Secretary of State and 
filed with the clerk, or registrar of voters, of the county or 
city and county in which the petition was circulated; provided, 
that if the officer sought to be removed was elected in the State 
at large such petition shall be circulated in not less than five 
counties of the State, and shall be signed in each of such counties 
by electors equal in number to not less than one per cent of the 
entire vote cast, in each of said counties, at said election, as 
above estimated. Such petition shall contain a general state- 
ment of the grounds on which the removal is sought, which 
statement is intended solely for the information of the electors, 
and the sufficiency of which shall not be open to review. 



184 CONSTITUTION OF CALIFORNIA. ART. XXIII, § 1 

When such petition is certified as is herein provided to the 
Secretary of State, he shall forthwith submit the said petition, 
together with a certificate of its sufficiency, to the Governor, who 
shall thereupon order and fix a date for holding the election, 
not less than sixty days nor more than eighty days from the date 
of such certificate of the Secretary of State. 

The Governor shall make or cause to be made publication of 
notice for the holding of such election, and officers charged by 
law with duties concerning elections shall make all arrange- 
ments for such election and the same shall be conducted, returned, 
and the result thereof declared, in all respects as are other 
state elections. On the official ballot at such election shall be 
printed, in not more than two hundred words, the reasons set 
forth in the petition for demanding his recall. And in not more 
than three hundred words there shall also be printed, if desired 
by him, the officer's justification of his course in office. Proceed- 
ings for the recall of any officer shall be deemed to be pending 
from the date of the filing with any county, or city and county 
clerk, or registrar of voters, of any recall petition against such 
officer ; and if such officer shall resign at any time subsequent 
to the filing thereof, the recall election shall be held notwith- 
standing such resignation, and the vacancy caused by such 
resignation, or from any other cause, shall be filled as provided 
by law, but the person appointed to fill such vacancy shall hold 
his office only until the person elected at the said recall election 
shall qualify. 

Any person may be nominated for the office which is to be 
filled at any recall election by a petition signed by electors, quali- 
fied to vote at such recall election, equal in number to at least 
one per cent of the total number of votes cast at the last pre- 
ceding election for all candidates for the office which the incum- 
bent sought to be removed occupies. Each such nominating 
petition shall be filed with the Secretary of State not less than 
twenty-five days before such recall election. 

There shall be printed on the recall ballot, as to every officer 
whose recall is to be voted on thereat, the following question : 
"Shall (name of person against whom the recall petition is filed) 
be recalled from the office of (title of office) ?", following which 
question shall be the words "Yes" and "No" on separate lines, 
with a blank space at the right of each, in which the voter shall 
indicate, by stamping a cross ( X ) , his vote for or against such 
recall. On such ballots, under each such question, there shall 
also be printed the names of those persons who have been nomi- 



Art. XXIII. § 1 constitution of California. 185 

Dated as candidates to succeed the person recalled, in case he 
shall be removed from office by said recall election ; but no vote 
east shall be counted for any candidate for said office unless 
the voter also voted on said question of the recall of the person 
sought to be recalled from said office. The name of the person 
against whom the petition is filed shall not appear on the ballot 
as a candidate for the office. If a majority of those voting on 
said question of the recall of any incumbent from office shall 
vote "Xo." said incumbent shall continue in said office. If a 
majority shall vote "Yes." said incumbent shall thereupon be 
deemed removed from such office upon the qualification of his 
successor. The canvassers shall canvass all votes for candidates 
for said office and declare the result in like manner as in a regu- 
lar election. If the vote at any such recall election shall recall 
the officer, then the candidate who has received the highest num- 
ber of votes for the office shall be thereby declared elected for the 
remainder of the term. In case the person who received the 
highest number of votes shall fail to qualify within ten days after 
receiving the certificate of election, the office shall be deemed 
vacant and shall be filled according to law. 

Any recall petition may be presented in sections, but each sec- 
tion shall contain a full and accurate copy of the title and text 
of the petition. Each signer shall add to his signature his place 
of residence, giving the street and number, if such exist. His 
election precinct shall also appear on the paper after his name. 
The number of signatures appended to each section shall be at 
the pleasure of the person soliciting signatures to the same. Any 
qualified elector of the State shall be competent to solicit such 
hires within the county, or city and county, of which he is 
an elector. Each section of the petition shall bear the name of 
the county, or city and county in which it is circulated, and only 
qualified electors of such county or city and county shall be com- 
petent to sign such section. Each section shall have attached 
(hereto the affidavit of the person soliciting signatures to the 
same stating his qualifications and that all the signatures to the 
attached section were made in his presence and that to the best 
of his knowledge and belief each signature to the section is the 
genuine signature of the person whose name it purports to be; 
and no other affidavit thereto shall be required. The affidavit of 
any person soliciting signatures hereunder shall be verified free 
of charge by any officer authorized to administer an oath. Such 
petition so verified shall be prima facie evidence that the signa- 
ppended are genuine and that the persons signing 



186 CONSTITUTION OF CALIFORNIA. ART. XXIII, § 1 

the same are qualified electors. Unless and until it is otherwise 
proven upon official investigation, it shall be presumed that the 
petition presented contains the signatures of the requisite num- 
ber of electors. Each section of the petition shall be filed with 
the clerk, or registrar of voters, of the county or city and 
county in which it was circulated; but all such sections circu- 
lated in any county or city and county shall be filed at the same 
time. Within twenty days after the date of filing such petition, 
the clerk, or registrar of voters, shall finally determine from 
the records of registration what number of qualified electors 
have signed the same; and, if necessary, the board of supervisors 
shall allow such clerk or registrar additional assistants for the 
purpose of examining such petition and provide for their com- 
pensation. The said clerk or registrar, upon the completion of 
such examination, shall forthwith attach to such petition his 
certificate, properly dated, showing the result of such examina- 
tion, and submit said petition, except as to the signatures 
appended thereto, to the Secretary of State and file a copy of said 
certificate in his office. Within forty days from the transmission 
of the said petition and certificate by the clerk or registrar of 
voters to the Secretary of State, a supplemental petition, identi- 
cal with the original as to the body of the petition but containing 
supplemental names, may be filed with the clerk or registrar 
of voters, as aforesaid. The clerk or registrar of voters shall 
within ten days after the filing of such supplemental petition 
make like examination thereof as of the original petition, and 
upon the conclusion of such examination shall forthwith attach 
to such petition his certificate, properly dated, showing the result 
of such examination, and shall forthwith transmit such supple- 
mental petition, except as to the signatures thereon, together 
with his said certificate, to the Secretary of State. 

When the Secretary of State shall have received from one or 
more county clerks, or registrars of voters, a petition certified 
as herein provided to have been signed by the requisite number 
of qualified electors, he shall forthwith transmit to the county 
clerk or registrar of voters of every county or city and county 
in the State a certificate showing such fact ; and such clerk or 
registrar of voters shall thereupon file said certificate for record 
in his office. 

A petition shall be deemed to be filed with the Secretary of 
State upon the date of the receipt by him of a certificate or 
certificates showing the said petition to be signed by the requisite 
number of electors of the State. 



Art. XXIII. si constitution of California. 1 s T 

No recall petition shall be circulated or filed against any officer 
nntil he has actually held his office for at least six months: save 
and except it may be filed against any member of the State Legis- 
lature at any time after five days from the convening and organ- 
izing of the Legislature after his election. 

If at any recall election the incumbent whose removal is sought 
is not recalled, he shall be repaid from the State treasury any 
amount legally expended by him as expenses of such election, 
and the Legislature shall provide appropriation for such purpose, 
and no proceedings for another recall election of said incumbent 
shall be initiated within six months after such election. 

If the Governor is sought to be removed under the provisions 
of this article, the duties herein imposed upon him shall be per- 
formed by the Lieutenant-Governor ; and if the Secretary of 
State is sought to be removed, the duties herein imposed upon 
him shall be performed by the State Controller ; and the duties 
herein imposed upon the clerk or registrar of voters, shall be 
performed by such registrar of voters in all cases where the 
office of registrar of voters exists. 

The recall shall also be exercised by the electors of each 
county, city and county, city and town of the State, with refer- 
ence to the elective officers thereof, under such procedure as 
shall be provided by law. 

Until otherwise provided by law, the legislative body of any 
such county, city and county, city or town may provide for the 
manner of exercising such recall powers in such counties, cities 
and counties, cities and towns, but shall not require any such 
recall petition to be signed by electors more in number than 
twenty-five per cent of the entire vote cast at the last preceding 
election for all candidates for the office which the incumbent 
sought to be removed occupies. Nothing herein contained shall 
be construed as affecting 01 limiting the present or future pow- 
ers of cities or counties or cities and counties having charters 
adopted under the authority given by the Constitution. 

In the submission to the electors of any petition proposed 
under this article all officers shall be guided by the general laws 
of the State, except as otherwise herein provided. 

This article is self-executing, but legislation may be enacted 
to facilitate its operation, but in no way limiting or restricting 
the provisions of this article or the powers herein reserved. 
ortich ; adopted October JO. J9 11] 

J. P. Hoge, President. 

Attest: Edwin F. Smith, Secretary. 



MEMBERS OF THE CONSTITUTIONAL 
CONVENTION OF 1879. 



A. R. Andrews, 
James J. Ayres, 
Clitus Barbour, 
Edward Barry, 
James N. Barton, 
C. J. Beerstecher, 
Isaac S. Belcher, 
Peter Bell, 
Marion Biggs, 

E. T. Blackmer, 
Josiah Boucher, 
Joseph C. Brown, 
Saml. B. Burt, 
James Caples, 
Aug. H. Chapman. 
J. M. Charles, 
John D. Condon, 
C. W. Cross, 
Hamlet Davis, 
Jas. E. Dean, 

P. T. DOWLING, 

Luke D. Doyle, 

W. L. Dudley, 

Jonathan M. Dudley, 

Presley Dunlap, 

John A. Eagon, 

Henry Edgerton, 

Thomas H. Estey, 

M. M. Estee, 

Edward Evey, 

Simon J. Farrell, 

J. A. Filcher, 

Jacob Richard Freud, 

Abraham Clark Freeman, 

J. B. Garvey, 

B. B. Glascock, 
Joseph C. Gorman, 
W. P. Grace, 



William J. Graves, 

V. A. Gregg, 

Jno. S. Hager, 

John B. Hall, 

J. E. Hale, 

Thomas Harrison. 

Joel A. Harvey, 

T. D. Heiskell, 

Conrad Herold, 

D. W. Herrington, 

S. G. Hilborn, 

J. R. W. Hitchcock. 

Sam A. Holmes, 

Volney E. Howard, 

W. J. Howard, 

W. F. Huestis, 

Wm. Procter Hughey, 

G. W. Hunter, 

Daniel Inman, 

George A. Johnson. 

L. F. Jones, 

Peter J. Joyce, 

John J. Kenny. 

J. M. Kelley. 

James H. Keyes, 

C. R. Klein e, 

T. H. Laine, 

R. M. Lampson, 

H. W. La Rue, 

Henry Larkin, 

David Lewis, 

R, Lavigne, 

J. F. Lindow, 

Jno. Mansfield, 

J. West Martin. 

Edward Martin, 

John G. McCallum, 

Rush McComas, 



CONSTITUTION OF CALIFORNIA. 



1 89 



Thomas McCon nft.l, 

John McCoy. 

Thomas B. McFakland. 

John Fleming McNutt, 

Wit S. MoJffatt, 

L. D. Morse, 

Hiram Mills. 

w. w. moreland. 

James E. Mubphy, 

Bdmond Nason, 

tliorwald klauditjs nelson. 

Henry Netjnaber, 

(has. C. O'Donnell, 

George Ohleyer. 

James O'Sullivan. 

A. P. Overton. 

James Martin Porter. 

William H. Prouty. 

Iff. R. C. PULLIAM, 

Patrick Reddy. 
Chas. F. Reed. 
Jas. S. Reynolds. 
J no. M. Rhodes, 
('has. S. Ringgold, 
Horace C. Rolfe. 
Geo. W. Sctjell, 
J. Schomp, 

James McM. Sir after. 
Urns Shoemaker. 

BENJ. SlIURTLFFF. 

K. o. Smith. 
II. W. Smith. 

Note. — The following were also members of the convention 
bat did not sign the Constitution, being absent on the day when 
ii was adopted: Barnes, Wm. H. L. ; Berry, J. ; Boggs, H. C. ; 
Campbell, A.. Jr.: Casserly, Eugene; Cowden, D. H. ; Crouch, 
Robert; Fawcett, Eugene; Finney, Chas. 6., Jr.; Miller, John 
F. : Noel, Alonzo F. : Wilson. Samuel M. 



Geo. Venable Smith. 

F. P. Soule, 

John C. Stedman. 

Geo. Steele, 

D. G. Stevenson, 

Chas. V. Stuart, 

W. J. Sweabey, 

Charles Swenson. 

R. S. Swing, 

D. S. Terry. 

S. B. Thompson. 

W. J. TlNNIN. 

F. O. Townsend, 

P. B. TULLY, 

H. K. Turner. 
Daniel Tuttle. 
A. P. Vacquerel. 
Walter Van Dyke. 
Wm. Van Yoorhies, 
Jno. Walker, 
Hugh Walker. 
Byron Waters, 
J. V. Webster, 
Joseph R. W t eller, 
Patrick M. Wellin, 
John P. West. 
Wm. F. White, 
John T. Wickes, 
H. C. Wilson, 
Jos. W. Winans. 
N. G. Wyatt. 



TREATY WITH MEXICO. 

Treaty of Peace, Friendship, Limits and Settle- 
ment, Between the United States of 
America and the Mexican 
Republic. 

Dated at Guadalupe Hidalgo, February 2, 1848. 
Ratified by the President March 16, 1848. 
Exchanged at Queretaro, May 30, 1848. 
Proclaimed by the President July 4> 1848. 



BY THE PRESIDENT OF THE UNITED STATES OF 
AMERICA 

A PROCLAMATION 

Whereas, A Treaty of Peace, Friendship, Limits, and Settle- 
ment, between the United States of America and the Mexican 
Republic, was concluded and signed at the City of Guadalupe 
Hidalgo, on the second day of February, one thousand eight 
hundred and forty-eight, which Treaty, as amended by the Senate 
of the United States, and being in the English and Spanish 
languages, is word for word as follows : — 
In the name of Almighty God : 

The United States of America and the United Mexican States, 
animated by a sincere desire to put an end to the calamities of 
the war which unhappily exists between the two republics, and 
to establish upon a solid basis relations of peace and friendship, 
which shall confer reciprocal benefits upon the citizens of both, 
and assure the concord, harmony, and mutual confidence, 
wherein the two people should live, as good neighbors, have for 
that purpose appointed their respective plenipotentiaries — that 
is to say, the President of the United States has appointed 
Nicholas P. Trist, a citizen of the United States, and the Presi- 
dent of the Mexican Republic has appointed Don Luis Gonzaga 
Cuevas, Don Bernardo Couto, and Don Miguel Atristan, citizens 
of the said Republic, who, after a reciprocal communication of 
I heir respective full powers, have, under the protection of 



TREATY WITH MEXICO. 191 

Almighty God, the author of peace, arranged, agreed upon, and 
signed the following 

Treaty of Peace. Friendship, Limits, and Settlement, oetween 
the United States of America and the Mexican Republic. 

A1UTCLE I. 

There shall be firm and universal peace between the United 
States of America and the Mexican Republic, and between their 
respective countries, territories, cities, towns, and people, with- 
out exception of places or persons. 

article n. 

Immediately upon the signature of this treaty, a convention 
shall be entered into between a commissioner or commissioners 
appointed by the general-in-chief of the forces of the United 
States, and such as may be appointed by the Mexican govern- 
ment, to the end that a provisional suspension of hostilities shall 
take place, and that, in the places occupied by the said forces, 
constitutional order may be re-established, as regards the polit- 
ical, administrative, and judicial branches, so far as this shall 
be permitted by the circumstances of military occupation. 

ARTICLE III. 

Immediately upon the ratification of the present treaty by the 
government of the United States, orders shall be transmitted to 
the commanders of their land and naval forces, requiring the 
latter (provided this treaty shall then have been ratified by the 
•nment of the Mexican Republic, and the ratifications 
exchanged) immediately to desist from blockading any Mexican 
ports; and requiring the former (under the same condition)' to 
commence, at the earliest moment practicable, withdrawing all 
troops of the United States then in the interior of the Mexican 
Republic, to points that shall be selected by common agreement, 
at a distance from the seaports not exceeding thirty leagues : 
and such evacuation of the interior of the Republic shall be com- 
pleted with the least possible delay; the Mexican government 
hereby binding ilself to afford every facility in its power for 
rendering the same convenient to the troops, on their march and 
in their new positions, and for promoting a good understanding 
between them and the inhabitants. In like manner, orders shall 
be dispatched to the persons in charge of the custom-houses a1 all 
the ports occupied by the forces of the United States, requiring 



192 TREATY WITH MEXICO. 

them (under the same condition) immediately to deliver posses- 
sion of the same to the persons authorized by the Mexican gov- 
ernment to receive it, together with all bonds and evidences of 
debt for duties on importations and on exportations, not yet 
fallen due. Moreover, a faithful and exact account shall be made 
out, showing the entire amount of all duties on imports and on 
exports, collected at such custom-houses, or elsewhere in Mexico, 
by authority of the United States, from and after the day of the 
ratification of this treaty by the government of the Mexican 
Republic ; and also an account of the cost of collection ; and such 
entire amount, deducting only the cost of collection, shall be 
delivered to the Mexican government, at the City of Mexico, 
within three months after the exchange of ratifications. 

The evacuation of the capital of the Mexican Republic by the 
troops of the United States, in virtue of the above stipulation, 
shall be completed within one month after the orders there stipu- 
lated for shall have been received by the commander of said 
troops, or sooner if possible. 

ARTICLE IV. 

Immediately after the exchange of ratifications of the present 
treaty, all castles, forts, territories, places, and possessions, which 
have been taken or occupied by the forces of the United States 
during the present war, within the limits of the Mexican Repub- 
lic, as about to be established by the following article, shall be 
definitely restored to the said republic, together with all the 
artillery, arms, apparatus of war, munitions, and other public 
property, which were in the said castles and forts when captured, 
and which shall remain there at the time when this treaty shall 
be duly ratified by the government of the Mexican Republic. To 
this end, immediately upon the signature of this treaty, orders 
shall be dispatched to the American officers commanding such 
castles and forts, securing against the removal or destruction of 
any such artillery, arms, apparatus of war, munitions, or other 
public property. The City of Mexico, within the inner line of 
intrenchments surrounding the said city, is comprehended in the 
above stipulations, as regards the restoration of artillery, appara- 
tus of war, etc. 

The final evacuation of the territory of the Mexican Republic 
by the forces of the United States, shall be completed in 
three months from the said exchange of ratifications, or sooner 
if possible ; the Mexican government hereby engaging, as in 
the foregoing article, to use all means in its power for facili- 



TREATY WITH MEXICO. 193 

taring such evacuation, and rendering it convenient to the 
troops, and for promoting a good understanding between them 
and the inhabitants. 

If. however, the ratification of this treaty by both parties 
should not take place in time to allow the embarcation of the 
troops of the United States to be completed before the com- 
mencement of the sickly season, at the Mexican ports on the 
Gulf of Mexico, in such case a friendly arrangement shall be 
entered into between the general-in-chief of the said troops and 
the Mexican government, whereby healthy and otherwise suitable 
places, at a distance from the ports not exceeding thirty leagues, 
shall be designated for the residence of such troops as may not 
yet have embarked, until the return of the healthy season. 
And the space of time here referred to as comprehending the 
sickly season, shall be understood to extend from the first day 
of May to the first day of November. 

All prisoners of war taken on either side, on land or on sea, 
shall be restored as soon as practicable after the exchange of 
ratifications of this treaty. It is also agreed that if any Mex- 
icans should now be held as captives by any savage tribe within 
the limits of the United States, as about to be established by 
the following article, the government of the said United States 
will exact the release of such captives, and cause them to be 
Restored to their country. 

ARTICLE V. 

The boundary line between the two republics shall commence 
in the Gulf of Mexico, three leagues from land, opposite the 
mouth of the Rio Grande, otherwise called Rio Bravo del Norte, 
or opposite the mouth of its deepest branch, if it should have 
more than one branch emptying directly into the sea; from 
thence up the middle of that river, following the deepest channel, 
where it has more than one, to the point where it strikes the 
southern boundary of New Mexico; thence, westwardly, along 
the whole southern boundary of New Mexico (which runs north 
of the town called Paso) to its western termination; thence. 
northward, along the western line of New Mexico, until it 
intersects the first branch of the River Gila (or if it should not 
intersect any branch of that river, then to the point on the 
said line nearest to such branch, and thence in a direct line 
to the same) ; thence down the middle of the said branch and of 
the said river, until it empties into the Rio Colorado; thence 

0— ir,7. r i«; 



194 TEEATY WITH MEXICO. 

across the Rio Colorado, following the division line between 
Upper and Lower California, to the Pacific Ocean. 

The southern and western limits of New Mexico, mentioned 
in this article, are those laid down in the map entitled "Map of 
the United Mexican States, as organized and defined by various 
Acts of the Congress of said republic, and constructed according 
to the best Authorities. Revised edition. Published at New 
York, in 1847, by J. Disturnell." Of which map a copy is added 
to this treaty, bearing the signatures and seals of the under- 
signed plenipotentiaries. And, in order to preclude all difficulty 
in tracing upon the ground the limit separating Upper from 
Lower California, it is agreed that the said limit shall consist 
of a straight line drawn from the middle of the Rio Gila, where 
it unites with the Colorado, to a point on the coast of the Pacific 
Ocean distant one marine league due south of the southernmost 
point of the port of San Diego, according to the plan of said 
port made in the year 1782 by Don Juan Pantoja, second sailing- 
master of the Spanish fleet, and published at Madrid in the year 
1802, in the Atlas to the voyage of the schooners Sutil and 
Mexicana, of which plan a copy is hereunto added, signed and 
sealed by the respective plenipotentiaries. 

In order to designate the boundary line with due precision, 
upon authoritative maps, and to establish upon the ground land- 
marks which shall show the limits of both republics, as described 
in the present article, the two governments shall each appoint a 
commissioner and a surveyor, who, before the expiration of one 
year from the date of the exchange of ratifications of this treaty, 
shall meet at the port of San Diego, and proceed to run and mark 
the said boundary in its whole course to the mouth of the Rio 
Bravo del Norte. They shall keep journals and make out plans 
of their operations ; and the result agreed upon by them shall be 
deemed a part of this treaty, and shall have the same force 
as if it were inserted therein. The two governments will ami- 
cably agree regarding what may be necessary to these persons, 
and also as to their respective escorts, should such be necessary. 

The boundary line established by this article shall be religi- 
ously respected by each of the two republics, and no change shall 
ever be made therein, except by the express and free consent of 
both nations, lawfully given by the general government of each, 
in conformity with its own constitution. 



TREATY WITH -MEXICO. 19-! 



ARTICLE VI. 



The vessels and citizens of the United Stales shall, in all 
time, have a free and uninterrupted passage by the Gulf of Cal- 
ifornia, and by the River Colorado below its confluence with 
the Gila, to and from their possessions situated north of the 
boundary line denned in the preceding article; it being under- 
stood that this passage is to be by navigating the Gulf of Cali- 
fornia and the River Colorado, and not by land, without the 
express eonsent of the Mexican government. 

If, by the examinations which may be made, it should be 
as,- rtained to be practicable and advantageous to construct 
a road, canal, or railway, which should in whole or part run 
upon the River Gila, or upon its right or its left bank, within 
the space of one marine league from either margin of the river, 
the governments of both republics will form an agreement 
regarding its construction, in order that it may serve equally for 
the use and advantage of both countries. 

ABTICLE VII. 

The River Gila, and the part of the Rio Bravo del Norte, 
lying below the southern boundary of New Mexico, being, 

ably to the fifth article, divided in the middle between the 
two republics, the navigation of the Gila and of the Bravo 
below said boundary shall be free and common to the vessels 
and citizens of both countries ; and neither shall, without the 

nt of the other, construct any work that may impede or 
interrupt, in whole or in part, the exercise of this right; not 
even for the purpose of favoring new methods of navigation. 
Nor shall any tax or contribution, under any denomination or 
title, be levied upon vessels or persons navigating the same, or 
upon merchandise or effects transported thereon, except in the 

of landing upon one of their shores. If, for the purpose of 
making the said rivers navigable, or for maintaining them in 
sueh stale, it should be necessary or advantageous to establish 
any tax or contribution, this shall not be done without the con- 
sent of both governments. 

Tbe st ipr.hu ions contained in the present article shall not 
impair the territorial rights of either republic within its estab- 
lished limits. 

ARTICLE VIII. 

Mexicans now established in territories previously belonging 
Mexico, and which remain for the future within the limits 



196 TREATY WITH MEXICO. 

of the United States, as defined by the present treaty, shall be 
free to continue where they now reside, or to remove at any 
time to the Mexican Republic, retaining the property which they 
possess in the said territories, or disposing thereof, and remov- 
ing the proceeds wherever they please, without their being sub- 
jected, on this account, to any contribution, tax, or charge what- 
ever. 

Those who shall prefer to remain in the said territories, may 
either retain the title and rights of Mexican citizens, or acquire 
those of citizens of the United States. But they shall be under 
the obligation to make their election within one year from the 
date of the exchange of ratifications of this treaty ; and those 
who shall remain in the said territories after the expiration 
of that year, without having declared their intention to retain 
the character of Mexicans, shall be considered to have elected 
bo become citizens of the United States. 

In the said territories, property of every kind, now belonging 
to Mexicans not established there, shall be inviolably respected. 
The present owners, the heirs of these, and all Mexicans who 
may hereafter acquire said property by contract, shall enjoy, 
with respect to it, guarantees equally ample as if the same be- 
longed to citizens of the United States. 

ARTICLE IX. 

The Mexicans who, in the territories aforesaid, shall not pre- 
serve the character of citizens of the Mexican Republic, conform- 
ably with what is stipulated in the preceding article, shall be 
incorporated into the Union of the United States and be admitted 
at the proper time (to be judged of by the Congress of the United 
States) to the enjoyment of all the rights of citizens of the 
United States according to the principles of the constitution ; 
and in the meantime shall be maintained and protected in the 
free enjoyment of their liberty and property, and secured in 
the free exercise of their religion without restriction. 

ARTICLE X. 

[Stricken out.] 

ARTICLE XI. 

Considering that a great part of the territories which, by the 
present treaty, are to be comprehended for the future within the 
limits of the United States, is now occupied by savage tribes, who 
will hereafter be under the exclusive control of the government 



TREATY WITH MEXICO. 1*.»T 

of the United States, and whr.se incursions within the territory 
of Mexico would be prejudicial in the extreme, it is solemnly 
agreed that all such incursions shall be forcibly restrained by 
the government of the United States whensoever this may be 
ssary : and that, when they can not be prevented, they shall 
l>e punished by the said government, and satisfaction for the 
same shall be exacted — all in the same way. and with equal 
diligence and energy, as if the same incursions were meditated 
or committed within its own territory against its own citizens. 

It shall not be lawful, under any pretext whatever, for any 
inhabitant of the United States to purchase or acquire any 
Mexican, or any foreigner residing in Mexico, who may have 
been captured by Indians inhabiting the territory of either of 
the two republics, nor to purchase or acquire horses, mules, 
cattle, or property of any kind, stolen within Mexican territory 
by such Indians. 

And in the event of any person or persons, captured within 
Mexican territory by Indians, being carried into the territory 
of the United States, the government of the latter engages and 
binds itself in the most solemn manner, so soon as it shall know 
of such captives being within its territory, and shall be able 
so to do. through the faithful exercise of its influence and power, 
to rescue them, and return them to their country, or deliver 
them to the agent or representative of the Mexican government. 
The Mexican authorities will, as far as practicable, give to the 
government of the United States notice of such captures: and 
its agent shall pay the expenses incurred in the maintenance 
and transmission of the rescued captives : who. in the meantime, 
shall be treated with the utmost hospitality by the American 
authorities at the place where they may be. But if the gov- 
ernment of the United States, before receiving such notice 
from Mexico, should obtain intelligence, through any other 
channel, of the existence of Mexican captives within its territory, 
it will proceed forthwith to effect their release and delivery 
to the Mexican acrent as above stipulated. 

For the purpose of giving to these stipulations the fullest 

le efficacy, thereby affording the security and redress 

demanded by their true spirit and intent, the government of 

United States will now and hereafter pass, without unn 
sary delay, and always vigilantly enforce, such laws as the 
nature of the subject may require. And finally, the sacredness 
of this obligation shall never be lest sight of by the said gov- 
ernment when providing for the removal of the Indians from 



198 TREATY WITH MEXICO. 

any portion of the said territories, or for its being settled by 
citizens of the United States ; but on the contrary, special care 
shall then be taken not to place its Indian occupants under the 
necessity of seeking new homes, by committing those invasions 
which the United States have solemnly obliged themselves to 
restrain. 

ARTICLE XII. 

In consideration of the extension acquired by the boundaries 
of the United States, as defined in the fifth article of the present 
treaty, the government of the United States engages to pay to 
that of the Mexican Republic the sum of fifteen millions of 
dollars. 

Immediately after this treaty shall have been duly ratified by 
the government of the Mexican Republic, the sum of three 
millions of dollars shall be paid to the said government by that 
of the United States, at the City of Mexico, in gold or silver 
coin of Mexico. The remaining twelve millions of dollars shall 
be paid at the same place, and in the same coin, in annual 
installments of three millions of dollars each, together with in- 
terest on the same at the rate of six per centum per annum. 
This interest shall begin to run upon the whole sum of twelve 
millions from the day of the ratification of the present treaty 
by the Mexican government, and the first of the installments 
shall be paid at the expiration of one year from the same day. 
Together with each annual installment, as it falls due, the whole 
interest accruing on such installment from the beginning shall 
also be paid. 

ARTICLE XIII. 

The United States engage, moreover, to assume and pay to the 
claimants all the amounts now due them, and those hereafter to 
become due, by reason of the claims already liquidated, and 
decided against the Mexican Republic under the conventions 
between the two republics severally concluded on the eleventh 
day of April, eighteen hundred and thirty-nine, and on the 
thirtieth day of January, eighteen hundred and forty-three ; so 
that the Mexican Republic shall be absolutely exempt for the 
future from all expenses whatever on account of the said claims. 

ARTICLE XIV. 

The United States do furthermore discharge the Mexican 
Republic from all claims of citizens of the United States, not 
heretofore decided against the Mexican government, which may 



TREATY WITH MEXICO. 199 

lave arisen previously to the date of the signature of this treaty; 
which discharge shall be final and perpetual, whether the said 
claims be rejected or be allowed by the board of commissioners 
provided for in the following article, and whatever shall be the 
total amount of those allowed. 

ARTICLE XV. 

The United States, exonerating Mexico from all demands ou 
account of the claims of their citizens mentioned in the preced- 
ing article, and considering them entirely and forever canceled, 
whatever their amount may be, undertake to make satisfaction 
for the same, to an amount not exceeding three and one quarter 
millions of dollars. To ascertain the validity and amount of 
those claims, a board of commissioners shall be established by 
the government of the United States, whose awards shall be 
final and conclusive: provided, that, in deciding upon the 
validity of each claim, the board shall be guided and governed 
by the principles and rules of decision prescribed by the first 
and fifth articles of the unratified convention, concluded at the 
City of Mexico on the twentieth day of November, one thousand 
eight hundred and forty-three; and 1 in no case shall an award 
be made in favor of any claim not embraced by these principles 
and rules. 

If. in the opinion of the said board of commissioners, or of the 
claimants, any books, records, or documents in the possession or 
power of the government of the Mexican Republic, shall be 
deemed necessnry to the just decision of any claim, the commis- 
sioners, or the claimants through them, shall, within such period 
ns Congress may designate, make an application in writing for 
the same, addressed to the Mexican Minister for Foreign Affairs, 
to be transmitted by the Secretary of State of the United States ; 
and the Mexican government encases, at the earliest possible 
moment after the receipt of such demand, to cause any of the 
hooks, records, or documents, so specified, which shall be in their 
or power (or authenticated copies or extracts of the 
same), to he transmitted to the said Secretary of State, who shall 
immediately deliver them over to the said board of commission- 
ers; i>r<>r'i<l< <1. that no such application shall be made by, or at 
the instance of. any claimant, until the facts which it is expected 
to prove by such hooks, records, or documents, shall have been 
stated under oath or affirmation. 



200 TREATY WITH MEXICO. 

ARTICLE XVI. 

Each of the contracting parties reserves to itself the entire 
right to fortify whatever point within its territory it may judge 
proper so to fortify, for its security. 

ARTICLE XVII. 

The treaty of amity, commerce, and navigation, concluded at 
the City of Mexico on the fifth day of April, A. D. 1831, between 
the United States of America and the United Mexican States, 
except the additional article, and except so far as the stipulations 
of the said treaty may be incompatible with any stipulation con- 
tained in the present treaty, is hereby revived for the period of 
eight years from the day of the exchange of ratifications of this 
treaty, with the same force and virtue as if incorporated therein ; 
it being understood that each of the contracting parties reserves 
to itself the right, at any time after the said period of eight years 
shall have expired, to terminate the same by giving one year's 
notice of such intention to the other party. 

ARTICLE XVIII. 

All supplies whatever for troops of the United States in Mex- 
ico, arriving at ports in the occupation of such troops previous 
to the final evacuation thereof, although subsequently to the 
restoration of the custom-houses at such ports, shall be entirely 
exempt from duties and charges of any kind ; the government of 
the United States hereby engaging and pledging its faith to estab- 
lish, and vigilantly to enforce all possible guards for securing the 
revenue of Mexico, by preventing the importation, under cover of 
this stipulation, of any articles other than such, both in kind and 
in quantity, as shall really be wanted for the use and consump- 
tion of the forces of the United States during the time they may 
remain in Mexico. To this end, it shall be the duty of all officers 
and agents of the United States to denounce to the Mexican 
authorities at the respective ports any attempts at a fraudulent 
abuse of this stipulation which they may know of or may have 
reason to suspect, and to give to such authorities all the aid in 
their power with regard thereto ; and every such attempt, when 
duly proved and established by sentence of a competent tribunal, 
shall be punished by the confiscation of the property so attempted 
to be fraudulently introduced. 



TREATS WITH MEXICO. 203 

ARTICLE XIX. 

With respect to all merchandise, effects, and property whatso- 
ever, imported into ports of Mexico whilst in the occupation of 
the forces of the United States, whether by citizens of either 
republic, or by citizens or subjects of any neutral nation, the fol- 
lowing rules shall be observed : 

1. All such merchandise, effects, and property, if imported pre- 
viously to the restoration of the custom-houses to the Mexican 
authorities, as stipulated for in the third article of this treaty, 
shall be exempt from confiscation, although the importation of 
the same be prohibited by the Mexican tariff. 

2. The same perfect exemption shall be enjoyed by all such 
merchandise, effects, and property, imported subsequently to the 
restoration of the custom-houses, and previously to the sixty days 
fixed in the following article for the coming into force of the 
Mexican tariff at such ports respectively ; the said merchandise, 
effects, and property being, however, at the time of their importa- 
tion, subject to the payment of duties, as provided for in the said 
following article. 

3. All merchandise, effects, and property described in the two 
rules foregoing shall, during their continuance at the place of 
importation, and upon their leaving such place for the interior, 
be exempt from all duty, tax, or impost of every kind, under 
whatsoever title or denomination. Nor shall they be there sub- 
jected to any charge whatsoever upon the sale thereof. 

4. All merchandise, effects, and property described in the first 
and second rules, which shall have been removed to any place in 
the interior whilst such place was in the occupation of the forces 
of the United States, shall, during their continuance therein, be 
exempt from all tax upon the sale or consumption thereof, and 
from every kind of impost or contribution, under whatsoever 
title or denomination. 

5. But if any merchandise, effects, or property described in the 
first and second rules, shall be removed to any place not occupied 
ar the time by the forces of the United States, they shall, upon 
their introduction into such place, or upon their sale or consump- 
tion there, be subject to the same duties which, under the Mexi- 
can laws, they would lie required to pay in such cases if they had 
been imported in time of peace, through the maritime custom- 
houses, and had there paid the duties conformably with the 
Mexican tariff. 

6. The owners of all merchandise, effects, or property described 
in the first and second rules, and existing in any port of Mexico, 



202 TREATY WITH MEXICO. 

shall have the right to reship the same, exempt from all tax, 
impost, or contribution whatever. 

With respect to the metals, or other property, exported from 
any Mexican port whilst in the occupation of the forces of the 
United States, and previously to the restoration of the custom- 
house of such port, no person shall be required by the Mexican 
authorities, whether general or state, to pay any tax, duty or 
contribution upon any such exportation, or in any manner to 
account for the same to the said authorities. 

ARTICLE XX. 

Through consideration for the interests of commerce generally. 
it is agreed, that if less than sixty days should elapse between the 
date of the signature of this treaty and the restoration of the 
custom-houses conformably with the stipulation in the third 
article, in such case all merchandise, effects and property what- 
soever, arriving at the Mexican ports after the restoration of the 
said custom-houses, and previously to the expiration of sixty 
days after the day of the signature of this treaty, shall be 
admitted to entry ; and no other duties shall be levied thereon 
than the duties established by the tariff found in force at such 
custom-houses at the time of the restoration of the same. And 
to all such merchandise, effects and property, the rules estab- 
lished by the preceding article shall apply. 

ARTICLE XXI. 

If, unhappily, any disagreement should hereafter arisa between 
the governments of the two republics, whether with respect to the 
interpretation of any stipulation in this treaty, or with respect to 
any other particular concerning the political or commercial rela- 
tions of the two nations, the said governments, in the name of 
those nations, do promise to each other that they will endeavor, 
in the most sincere and earnest manner, to settle the differences 
so arising, and to preserve the state of peace and friendship in 
which the two countries are now placing themselves ; using, for 
this end, mutual representations and pacific negotiations. And 
if, by these means, they should not be enabled to come to an 
agreement, a resort shall not, on this account, be had to reprisals, 
aggression, or hostility of any kind, by the one republic against 
the other, until the government of that which deems itself ag- 
grieved shall have maturely considered, in the spirit of peace and 
good neighborship, whether it would not be better that such 
difference should be settled by the arbitration of commissioners 



TREATY WITH MEXICO. 203 

appointed on each side, or by that of a friendly nation. And 
should such course be proposed by either parly, it shall be 
acceded to by the other; unless deemed by it altogether incom- 
patible with the nature of the difference, or the circumstances 
of the case. 

ARTICLE XXII. 

If (which is not to he expected, and which God forbid!) war 
should unhappily break out between the two republics, they do 
now. with a view to such calamity, solemnly pledge themselves 
to each other and to the world, to observe the following rules, 
absolutely, where the nature of the subject permits, and as 
closely as possible in all cases where such absolute observance 
shall be impossible : 

1. The merchants of either republic then residing in the other 
shall be allowed to remain twelve months (for those dwelling in 
the interior), and six months (for those dwelling at the sea- 
ports), to collect their debts and settle their affairs ; during which 
periods they shall enjoy the same protection and be on the same 
footing, in all respects, as the citizens or subjects of the most 
friendly nations; and. at the expiration thereof, or at any time 
before, they shall have full liberty to depart, carrying off all their 
effects without molestation or hindrance ; conforming therein to 
the same laws which the citizens or subjects of the most friendly 
nations are required to conform to. Upon the entrance of the 
armies of either nation into the territories of the other, women 
and children, ecclesiastics, scholars of every faculty, cultivators 
of the earth, merchants, artisans, manufacturers and fishermen, 
unarmed and inhabiting unfortified towns, villages or places, and 
in general all persons whose occupations are for the common sub- 
sistence and benefit of mankind, shall be allowed to continue 
their respective employments unmolested in their persons. Nor 
shall their houses or goods be burned or otherwise destroyed, nor 
their cattle taken, nor their fields wasted by the armed force into 
whose power, by the events of war. they may happen to fall ; but 
if the necessity arise to take anything from them for the use of 
such armed force, the same shall be paid for at an equitable 
price. All churches, hospitals, schools, colleges, libraries, and 
other establishments for charitable and beneficent purposes, shall 
be respected, and all persons connected with the same protected 
in the discharge of their duties and the pursuit of their vocations. 

2. In order that the fate of prisoners of war may he alleviated, 
all such practices as those of sending them into distant, inclem- 



204 TBEATY WITH MEXICO. 

ent, or unwholesome districts, or crowding them into close or 
noxious places, shall be studiously avoided. They shall not be 
confined in dungeons, prison-ships, or prisons ; nor be put in 
irons, or bound, or otherwise restrained in the use of their limbs. 
The officers shall enjoy liberty on their paroles, within convenient 
districts, and have comfortable quarters ; and the common soldiers 
shall be disposed in cantonments, open and extensive enough for 
air and exercise, and lodged in barracks as roomy and good as are 
provided by the party in whose power they are, for its own 
troops. But if any officer shall break his parole by leaving the 
district so assigned him, or any other prisoner shall escape from 
the limits of his cantonment, after they shall have been desig- 
nated to him, such individual, officer, or other prisoner shall for- 
feit so much of the benefit of this article as provides for his 
liberty on parole or in cantonment. And if any officer so break- 
ing his parole, or any common soldier so escaping from the 
limits assigned him, shall afterwards be found in arms, previously 
to his being regularly exchanged, the person so offending shall be 
dealt with according to the established laws of war. The officers 
shall be daily furnished by the party in whose power they are, 
with as many rations, and of the same articles, as are allowed, 
either in kind or by commutation, to officers of equal rank in its 
own army ; and all others shall be daily furnished with such 
rations as is allowed to a common soldier in its own service ; the 
value of all which supplies shall, at the close of the war, or at 
periods to be agreed upon between the respective commanders, be 
paid by the other party on a mutual adjustment of accounts for 
the subsistence of prisoners; and such accounts shall not be 
mingled with or set off against any others, nor the balance due 
on them be withheld, as a compensation or reprisal for any cause 
whatever, real or pretended. Each party shall be allowed to 
keep a commissary of prisoners, appointed by itself, with every 
cantonment of prisoners, in possession of the other ; which com- 
missary shall see the prisoners as often as he pleases ; shall be 
allowed to receive, exempt from all duties or taxes, and to dis- 
tribute whatever comforts may be sent to them by their friends ; 
and shall be free to transmit his reports in open letters to the 
party by whom he is employed. 

And it is declared that neither the pretense that war dissolves 
all treaties, nor any other whatever, shall be considered as an- 
nulling or suspending the solemn covenant contained in this 
article. On the contrary, the state of war is precisely that for 
which it is provided ; and during which its stipulations are to be 



TREATY WITH MEXICO. 203 

as sacredly observed as the most acknowledged obligations under 
the law of nature or nations. 

ARTICLE XXIII. 

This treaty shall be ratified by the President of the United 
States of America, by and with the advice and consent of the 
Senate thereof; and by the President of the Mexican Republic, 
with the previous approbation of its General Congress ; and the 
ratifications shall be exchanged in the City of Washington, or 
at the seat of government of Mexico, in four months from the 
date of the signature hereof, or sooner, if practicable. 

In faith whereof, we, the respective plenipotentiaries, have 
signed this treaty of peace, friendship, limits and settlement ; 
and have hereunto affixed our seals respectively. Done in quin- 
tuplieate, at the City of Guadalupe Hidalgo, on the second day 
of February, in the year of our Lord, one thousand eight hundred 
and forty-eight. 

N. P. Trist, [l. s.] 

Luis G. Cuevas, [l. s.] 

Bernardo Couto, [l. s.] 

Migl. Atristan, [l. s.] 

And, Whereas, The said treaty, as amended, has been duty 
ratified on both parts, and the respective ratifications of the 
same were exchanged at Queretaro on the thirtieth day of May 
last, by Ambrose H. Sevier and Nathan Clifford, Commissioners 
on the part of the Government of the United States, and by 
Seuor Don Luis de la Rosa, Minister of Relations of the Mex- 
ican Republic, on the part of that government : 

NOW. THEREFORE BE IT KNOWN, That I, JAMES K. POLK, . 

President of the United States of America, have caused the said 
treaty to be made public, to the end that the same and every 
clause and article thereof may be observed and fulfilled with 
good faith by the United States and the citizens thereof. 

I\ witness whereof, I have hereunto set my hand and 
I the seal of the United States to be affixed. 

Done at the City of Washington, this fourth day of July, 

[l. s.] one thousand eight hundred and forty-eight, and of the 

independence of the United States the seventy-third. 

JAMES K. POLK. 
By the President : 

James Buchanan, Secretary of State. 



ARTICLES REFERRED TO IN THE FIFTEENTH 
ARTICLE OF THE PRECEDING TREATY. 



First and Fifth Articles of the Unratified Convention Between 

the United States and the Mexican Republic of the 

20th of November, 1843. 

ARTICLE I. 

All claims of citizens of the Mexican Republic against the 
government of the United States, which shall be presented in the 
manner and time hereinafter expressed, and all claims of citizens 
of the United States against the government of the Mexican 
Republic, which for whatever cause were not submitted to, nor 
considered nor finally decided by, the commission, nor by the 
arbiter appointed by the convention of 1839, and which shall be 
presented in the manner and time hereinafter specified, shall be 
referred to four commissioners, who shall form a board, and shall 
be appointed in the following manner, that is to say : Two com- 
missioners shall be appointed by the President of the Mexican 
Republic, and the other two by the President of the United 
States, with the approbation and consent of the Senate. The 
said commissioners, thus appointed, shall, in presence of each 
other, take an oath to examine and decide impartially the claims 
submitted to them, and which may lawfully be considered, accord- 
ing to the proofs which shall be presented, the principles of right 
and justice, the law of nations, and the treaties between the two 
republics. 

article v. 

All claims of citizens of the United States against the govern- 
ment of the Mexican Republic, which were considered by the 
commissioners, and referred to the umpire appointed under the 
convention of the eleventh April, 1839, and which were not 
decided by him, shall be referred to, and decided by, the umpire 
to be appointed, as provided by this convention, on the points 
submitted to the umpire under the late convention, and his 
decision shall be final and conclusive. It is also agreed, that, if 
the respective commissioners shall deem it expedient, they may 
submit to the said arbiter new arguments upon the said claims. 






CONSTITUTION OF THE STATE OF 
CALIFORNIA— 1849. 



The delegates to the first Constitutional Convention met in 
on Hall in the town of Monterey at 12 m. of Saturday, 
the first day of September, 1849, and the Constitution of the 
State of California was adopted by the convention October 10, 
1849, ratified by the people November 13. 1S49, proclaimed 
December 20, 1849, and amended in 1859, 1SG2, and 1871. 

PREAMBLE. 
We, the people of California, grateful to Almighty God for 
our freedom, in order to secure its blessings, do establish this 
Constitution. 

4 Cal. 40. 

ARTICLE I. 

DECLARATION OF RIGHTS. 

Section 1. All men are by nature free and independent, and 
have certain inalienable rights, among which are those of enjoy- 
ing and defending life and liberty ; acquiring, possessing, and 
protecting property : and pursuing and obtaining safety and 
happii 

7 Cal. 6, 1G; 9 Cal. 504: 18 Cal. GSO ; 22 Cal. 324; 23 

Cal. 404; 32 Cal. 249; 33 Cal. 281; 36 Cal. 671; 38 

Cal. 703 ; 39 Cal. 179 ; 47 Cal. 233. 
Sec. 2. All political power is inherent in the people. Gov- 
ernment is instituted for the protection, security, and benefit of 
the people, and they have the right to alter or reform the same 
whenever the public gocd may require it. 

22 Cal. 321: 30 Cal. 1*9: 0!) Cal. 372. 
Sec. 3. The right of trial by jury shall be secured to all. and 
remain inviolate forever; but a jury trial may be waived by the 
parties, in all civil rases, in the manner to be prescribed by law. 

5 Cal. 112; 1<; Cal. 253; 19 Cal. 141, 596; 22 Cal. 316; 
47 Cal. 234: 51 Cal. 280. 

Sec. 4. The free exercise and enjoyment of religious profes- 

and worship, without discrimination or preference, shall 

forever be allowed in this State; and no person shall be ren- 

d incompetenl to be a witness on account of his opinions on 



20S CONSTITUTION OF CALIFORNIA, 1849. ART. I. § 5 

matters of religious belief ; but the liberty of conscience hereby 
secured shall not be so construed as to excuse acts of licentious- 
ness, or justify practices inconsistent with the peace or safety 
of this State. 

9 Cal. 504 ; 17 Cal. 612 ; 18 Cal. 680 ; 43 Cal. 34 ; 48 Cal. 

482 ; 59 Cal. 13 ; 60 Cal. 203. 
Sec. 5. The privilege of the writ of habeas corpus shall not 
be suspended, unless when, in cases of rebellion or invasion, the 
public safety may require its suspension. 

11 Cal. 226. 
Sec. 6. Excessive bail shall not be required, nor excessive 
fines imposed ; nor shall cruel or unusual punishments be in- 
flicted ; nor shall witnesses be unreasonably detained. 

Sec. 7. All persons shall be bailable by sufficient sureties, 
unless for capital offenses when the proof is evident or the pre- 
sumption great. 

19 Cal. 541 ; 41 Cal. 31 ; 48 Cal. 4. 
Sec. 8. No person shall be held to answer for a capital or 
otherwise infamous crime (except in cases of impeachment and 
in cases of militia when in actual service, and the land and naval 
forces in time of war, or which this State may keep, with the 
consent of Congress, in time of peace, and in cases of petit 
larceny, under the regulation of the Legislature) unless on 
presentment or indictment of a grand jury ; and, in any trial in 
any court whatever, the party accused shall be allowed to appear 
and defend, in person and with counsel, as in civil actions. No 
person shall be subject to be twice put in jeopardy for the same 
offense ; nor shall he be compelled, in any criminal case, to be a 
witness against himself ; nor be deprived of life, liberty or 
property without due process of law ; nor shall private property 
be taken for public use without just compensation. 

3 Cal. 73 ; 7 Cal. 121 ; 12 Cal. 83 ; 14 Cal. 107 ; 18 Cal. 

229, 251 ; 22 Cal. 316 ; 23 Cal. 326 ; 29 Cal. 256 ; 31 Cal. 

368, 538; 32 Cal. 250; 33 Cal. 281; 39 Cal. 179; 40 

Cal. 513 ; 41 Cal. 168, 256 ; 42 Cal. 168 ; 43 Cal. 79 ; 47 

Cal. 115 ; 48 Cal. 4, 177, 334 ; 50 Cal. 403 ; 51 Cal. 86, 

248, 269, 577 ; 53 Cal. 45, 212, 412 ; 54 Cal. 531 ; 59 Cal. 

245 ; 60 Cal. 105 ; 64 Cal. 178 ; 66 Cal. 501 ; 69 Cal. 372 ; 

78 Cal. 566, 567 ; 109 Cal. 449, 622 ; 130 Cal. 495 ; 167 

Cal. 318. 
Sec. 9. Every citizen may freely speak, write and publish his 
sentiments on all subjects, being responsible for the abuse of that 



ART. I. § 10 CONSTITUTION Or CALIFORNIA. 1849. 200 

right ; and no law shall be passed to restrain or abridge the lib- 
erty of speech or of the press. In all criminal prosecutions on 
indictments for libels, the truth may be given in evidence to the 
jury : and if it shall appear to the jury that the matter charged 
as libelous is true, and was published with good motives and for 
justifiable ends, the party shall be acquitted ; and the jury shall 
have the right to determine the law and the fact. 
22 Cal. 316. 
Sec. 10. The people shall have the right freely to assemble 
- her to consult for the common good, to instruct their repre- 
sentatives, and to petition the Legislature for redress of griev- 
ances. 

Sec. 11. All laws of a general nature shall have a uniform 
operation. 

IT Cal. 552; 24 Cal. 544: 26 Cal. 255; 36 Cal. 671; 37 
Cal. 375. 601 ; 38 Cal. 703 : 43 Cal. 432 : 52 Cal. 601 : 58 
Cal. 61 : 122 Cal. 147. 
Sec. 12. The military shall be subordinate to the civil power. 
No standing army shall be kept up by this State in time of 
peace; and, in time of war, no appropriation for a standing- 
army shall be for a longer time than two years. 

Sec. 13. Xo soldier shall, in time of peace, be quartered in 
any house without the consent of the owner; nor in time of 
Avar, except in the manner to be prescribed by law. 

Sec. 14. Representation shall be apportioned according to 
population. 

SEC. 15. Xo person shall be imprisoned for debt in any civil 
action, on mesne or final process, unless in cases of fraud : and 
no person shall be imprisoned for a militia fine in time of peace. 
1 Cal. 440: 6 Cal. 240; 13 Cal. 64; 53 Cal. 207. 
Sec. 16. Xo bill of attainder, ex pest facto law, or law im- 
pairing the obligation of contracts, shall ever be passed. 
10 (al. 17:;: 22 Cal. 316; 39 Cal. 272. 
Sm . 17. Foreigners who are or who may hereafter become 
bona fide residents of this State shall enjoy the same rights in 
ct to the possession, enjoyment and inheritance of prop- 
erty as native born citizens. 

•I ("al. 253: 12 Cal. 450; 13 Cal. 165; 18 Cal. 219; 30 
Cal. 189; 36 Cal. 671 : Cl Cal. 358 ; 65 Cal. 51)7,. 
I s -. Neither slavery nor involuntary servitude, unless 
for the punishment of crime, shall ever be tolerated in this State. 



210 CONSTITUTION OF CALIFORNIA, 1849. ART. I, § 19 

Sec. 19. The right of the people to be secure in their persons, 
houses, papers and effects, against unreasonable seizures and 
searches, shall not be violated ; and no warrant shall issue, but 
on probable cause, supported by oath or affirmation, particularly 
describing the place to be searched, and the persons and things 
to be seized. 

Sec. 20. Treason against the State shall consist only in 
levying war against it, adhering to its enemies, or giving them 
aid and comfort. No person shall be convicted of treason, unless 
on the evidence of two witnesses to the same overt act, or con- 
fession in open court. 

Sec. 21. This enumeration of rights shall not be construed to 
impair or deny others retained by the people. 
32 Cal. 249 ; 39 Cal. 179 ; 48 Cal. 177. 

Sec. 22. The Legislature shall have no power to make an 
appropriation, for any purpose whatever, for a longer period 
than two years. [New section; ratified September 6, 1871] 

ARTICLE II. 

RIGHT OF SUFFRAGE. 

Section 1. Every white male citizen of the United States, 
and every white male citizen of Mexico who shall have elected 
to become a citizen of the United States, under the treaty of 
peace exchanged and ratified at Queretaro, on the thirtieth day 
of May, eighteen hundred and forty-eight, of the age of twenty- 
one years, who shall have been a resident of the State six months 
next preceding the election and the county or district in which 
he claims his vote thirty days, shall be entitled to vote at all 
elections which are now or hereafter may be authorized by 
law ; provided, that nothing herein contained shall be construed 
to prevent the Legislature, by a two-thirds concurrent vote, 
from admitting to the right of suffrage Indians or the descend- 
ants of Indians, in such special cases as such a proportion of 
the legislative body may deem just and proper. 

5 Cal. 25 ; 26 Cal. 178, 261 ; 43 Cal. 45 ; 83 Cal. 81. 

Sec. 2. Electors shall, in all cases except treason, felony, or 
breach of the peace, be privileged from arrest on the days of 
election, during their attendance at such election, going to and 
returning therefrom. 
26 Cal. 209. 



ART. II. So CONSTITUTION OF CAIJFOHNIA, 1840. 211 

Sec. •">. No elector shall be obliged to perform militia duty 
on the day of election, except in time of war or public danger. 
26 Cal. 249. 

Sec. 4. For the purpose of voting, no person shall be deemed 
to have gained or lost a residence by reason of his presence or 
absence while employed in the service of the United States, nor 
while engaged in the navigation of the waters of this State or of 
the United States, or of the high seas; nor while a student at 
any seminary of learning; nor while kept at any almshouse, or 
other asylum, at public expense ; nor while confined in any 
public prison. 

15 Cal. 49: 26 Cafc 211: 28 Cal. 140; 31 Cal. 262; 38 
Cal. 93. 
Sec. 5. No idiot or insane person, or person convicted of any 
infamous crime, shall be entitled to the privileges of an elector. 
Sec. 0. All elections by the people shall be by ballot. 
2G Cal. 186. 

ARTICLE III. 

DISTRIBUTION OF POWDERS. 

Section 1. The powers of the government of the State of 
California shall be divided into three separate departments: 
the legislative, the executive and the judicial ; and no person 
charged with the exercise of powers properly belonging to one 
of these departments shall exercise any functions appertaining 
to either of the others, except in the cases hereinafter expressly 
directed or permitted. 

5 Cal. 19. 112: 8 Cal. 1.1: 10 Cal. 403; 17 Cal. 557; 20 

Cal. 43: 22 Cal. 478; 24 Cal. 126; 29 Cal. 452; 30 Cal. 

1<;7: 33 Cal. 281 : 34 Cal. 525; 46 Cal. 514; 47 Cal. 653; 

50 Cal. 403; 52 Cal. 135; 151 Cal. 285. 

ARTICLE IV. 

legislative department. 

Section 1. The legislative power of this State shall be 
1 in a Senate and Assembly, which shall be designated the 
I. .Mature of the State of California, and the enacting clause 
of every law shall be as follows : "The people of the State of 
California, represented in Senate and Assembly, do enact as 
follov 

5 Cal. 21 : 46 Cal. 514: 47 Cal. 652; 166 Cal. 605; 167 
Cal. 319. 



212 CONSTITUTION OF CALIFORNIA, 1849. ART. IV, § 2 

Sec. 2. The sessions of the Legislature shall be biennial 
and shall commence on the first Monday of December, next 
ensuing the election of its members, unless the Governor of the 
State shall, in the interim, convene the Legislature by proclama- 
tion. No session shall continue longer than one hundred and 
twenty days. [Amendment ratified September 3, 1862] 

Original text. — Sec. 2. The sessions of the Legislature shall 
be annual, and shall commence on the first Monday of January, 
next ensuing the election of its members, unless the Governor 
of the State shall, in the interim, convene the Legislature by 
proclamation. 

Sec 3. The members of the Assembly shall be chosen bien- 
nially, by the qualified electors of their respective districts, on 
the first Wednesday in September, unless otherwise ordered by 
the Legislature, and their term of office shall be two years. 
[Amendment ratified September 3, 1862] 

Original text. — Sec 3. The members of the Assembly shall 
be chosen annually, by the qualified electors of their respective 
districts, on the Tuesday next after the first Monday in Novem- 
ber, unless otherwise ordered by the Legislature, and their term 
of office shall be one year. 
26 Cal. 254. 

Sec 4. Senators and members of Assembly shall be duly 
qualified electors in the respective counties and districts which 
they represent. 

Sec 5. Senators shall be chosen for the term of four years, 
at the same time and places as members of the Assembly ; and 
no person shall be a member of the Senate or Assembly who has 
not been a citizen and inhabitant of the State and of the county 
or district for which he shall be chosen one year next before his 
election. [Amendment ratified September 3, 1862] 

Original text. — Sec 5. Senators shall be chosen for the term 
of two years, at the same time and places as members of 
Assembly ; and no person shall be a member of the Senate or 
Assembly who has not been a citizen and inhabitant of the State 
one year, and of the county or district for which he shall be 
chosen six months next before his election. 
26 Cal. 253. 

Sec 6. The number of Senators shall not be less than one 
third nor more than one half of that of the members of the 
Assembly ; and at the first session of the Legislature after this 
section takes effect, the Senators shall be divided by lot, as 
equally as may be, into two classes. The seats of the Senators 
of the first class shall be vacated at the expiration of the second 



AHT. IV. § 7 CONSTITUTION OF CALIFORNIA, 1849. 213 

year, so that one half shall be chosen biennially. [Amendment 
ratified September S, 1862] 

Original text. — Sec. 6. The number of Senators shall not 
be less than one third nor more than one half of that of the 
members of Assembly : and at the first session of the Legisla- 
ture after this Constitution takes effect, the Senators shall be 
divided by lot as equally as may be. into two classes ; the seats 
of the Senators of the first class shall be vacated at the expira- 
tion of the first year, so that one half shall be chosen annually. 

Sec. 7. When the number of Senators is increased, they shall 
be apportioned by lot, so as to keep the two classes as nearly 
equal in number as possible. 
S Cal. 415. 

Sec. S. Each house shall choose its own officers, and judge of 
the qualifications, elections, and returns of its own members. 
34 Cal. 535 ; 47 Cal. 525. 

Sec. 9. A majority of each house shall constitute a quorum to 
do business ; but a smaller number may adjourn from day to day, 
and may compel the attendance of absent members in such 
manner and under such penalties as each house may provide. 

Sec. 10. Each house shall determine the rules of its own pro- 
ceedings, and may. with the concurrence of two thirds of all the 
members elected, expel a member. 
34 Cal. 535. 

Sec. 11. Each house shall keep a journal of its own proceed- 
ings, and publish the same ; and the yeas and nays of the mem- 
bers of either house on any question shall, at the desire of any 
three members present, be entered on the journal. 

Sec. 12. Members of the Legislature shall, in all cases except 
treason, felony, and breach of the peace, be privileged from 
arrest, and shall not be subject to any civil process during the 
session of the Legislature, nor for fifteen days next before the 
commencement and after the termination of each session. 

Sec. 13. When vacancies occur in either house, the Governor, 
or the person exercising the functions of the Governor, shall issue 
writs of election to fill such vacancies. 

Sec. 14. The doors of each house shall be open, except on 
such occasions as, in the opinion of the house, may require 
secrecy. 

Sec. 15. Neither house shall, without the consent of the 
other, adjourn for more than three days, nor to any other place 
than that in which they may be sitting. 



214 CONSTITUTION OF CALIFORNIA, 1849. ART. IV. § 16 

Sec. 16. Any bill may originate in either house of the Legis- 
lature, and all bills passed by one house may be amended in the 
other. 

Sec. 17. Every bill which may have passed the Legislature 
shall, before it becomes a law, be presented to the Governor. If 
he approve it, he shall sign it ; but if not he shall return it, with 
his objections, to the house in which it originated, which shall 
enter the same upon the journal, and proceed to reconsider it. 
If, after such reconsideration, it again pass both houses, by yeas 
and nays, by a majority of two thirds of the members of each 
house present, it shall become a law notwithstanding the Gov- 
ernor's objections. If any bill shall not be returned within ten 
days after it shall have been presented to him (Sundays 
excepted) the same shall become a laAv, in like manner as if he 
had signed it, unless the Legislature, by adjournment, prevent 
such return. 

2 Cal. 172 ; G Cal. 000 ; 8 Cal. 412 ; 9 Cal. 522 ; 39 Cal. 
189, 202, 541. 

Sec. 18. The Assembly shall have the sole power of impeach- 
ment and all impeachments shall be tried by the Senate. When 
sitting for that purpose, the Senators shall be upon oath or 
affirmation ; and no person shall be convicted without the con- 
currence of two thirds of the members present. 
84 Cal. 535 ; 45 Cal. 218 ; 118 Cal. 483. 

Sec 19. The Governor, Lieutenant-Governor, Secretary of 
State, Controller, Treasurer, Attorney-General, Surveyor-Gen- 
eral, Justices of the Supreme Court, and Judges of the District 
Court, shall be liable to impeachment for any misdemeanor in 
office ; but judgment in such cases shall extend only to removal 
from office and disqualification to hold any office of honor, trust, 
or profit under the State ; but the party convicted or acquitted 
shall, nevertheless, be liable to indictment, trial, and punishment 
according to law. All other civil officers shall be tried for mis- 
demeanors in office in such a manner as the Legislature may 
provide. 

2 Cal. 211 ; 22 Cal. 314 ; 45 Cal. 218 ; 118 Cal. 483. 

Sec 20. No Senator or member of Assembly shall, during 
the term for which he shall have been elected, be appointed to 
any civil office of profit under this State which shall have been 
created or the emoluments of which shall have been increased 



ART. IV, § 21 CONSTITUTION OF CALIFORNIA. 1849. 215 

daring such term, except such offices as may he filled hy election 
by the people. 

22 Cal. 314. 

Sec. 21. No person holding any lucrative office under the 
United States, or any other power, shall he eligible to any civil 
office of profit under this State: provided, that officers in the 
militia to which there is attached no annual salary, or local 
officers and postmasters whose compensation does not exceed 
live hundred dollars per annum, shall not be deemed lucrative. 
10 Cal. 43: 15 Cal. 110: 20 Cal. 142. 143; 22 Cal. 314; 
52 Cal. 39. 

Sec. 22. No person who shall be convicted of the embezzle- 
ment or defalcation of the public funds of this State shall ever 
be eligible to any office of honor, trust or profit under this State ; 
and the Legislature shall, as soon as practicable, pass a law 
providing for the punishment of such embezzlement or defalca- 
tion as a felony. 

Sec. 23. No money shall be drawn from the treasury but in 
consequence of appropriations made by law. An accurate state- 
ment of the receipts and expenditures of the public moneys 
shall he attached to and published with the laws at every regular 
session of the Legislature. 

30 Cal. 021 : 100 Cal. 110. 

Sic. 24. The members of the Legislature shall receive for 
their services a compensation to be fixed by law. and paid out of 
the public treasury: but no increase of the compensation shaO 
take effect during the term for which the members of either 
house shall have been elected. 

Cal. 347: 132 Cal. 210. 220: 134 Cal. 290, 297. 

Sec. 25. Every law enacted by the Legislature shall embrace 
bat one object, and that shall be expressed in the title; and no 
law shall be revised or amended by reference to its title; but in 
such c;isi> the act revised or section amended shall be re-enacted 
and published at length. 

2 Cal. 299; <; Cal. 383; '.» Cal. 522; 10 Cal. 310: 30 Cal. 
144 Cal. 387; 1<; Cal. App. 344. 

Si.( . 2<'.. No divorce shall be granted by the Legislature. 

Six . 27. No lottery shall be allowed by this State, nor shall 
the sal" of lottery tickets be allowed. 

Sec. 28. The enumeration of the inhabitants of this State 
shall \»- taken, ander the direction of the Legislature, in the 



216 CONSTITUTION OF CALIFORNIA. 1849. ART. IV, § 29 

years one thousand eight hundred and fifty-two, and one thou- 
sand eight hundred and fifty-five, and at the end of every ten 
years thereafter ; and these enumerations, together with the cen- 
sus that may be taken under the direction of the Congress of the 
United States, in the year one thousand eight hundred and fifty, 
and every subsequent ten years, shall serve as the basis of rep- 
resentation in both houses of the Legislature. 

Sec. 29. The number of Senators and members of Assembly 
shall, at the first session of the Legislature holden after the 
enumerations herein provided for are made, be fixed by the 
Legislature and apportioned among the several counties and dis- 
tricts to be established by law, according to the number of 
white inhabitants. The number of members of Assembly shall not 
be less than twenty-four nor more than thirty-six, until the 
number of inhabitants within this State shall amount to one 
hundred thousand ; and, after that period, in such ratio that 
the whole number of members of Assembly shall never be less 
than thirty nor more than eighty. 

Sec. 30. When a congressional, senatorial or assembly dis- 
trict shall be composed of two or more counties, it shall not be 
separated by any county belonging to another district. No 
county shall be divided in forming a congressional, senatorial or 
assembly district, so as to attach one portion of a county to 
another county ; but the Legislature may divide each county into 
as many congressional, senatorial or assembly districts as such 
county may by apportionment be entitled to. [Amendment 
ratified September 3, 1862] 

Original text. — Sec 30. When a congressional, senatorial or 
assembly district shall be composed of two or more counties, it 
shall not be separated by any county belonging to another dis- 
trict ; and no county shall be divided, in forming a congres- 
sional, senatorial or assembly district. 

Sec. 31. Corporations may be formed under general laws, but 
shall not be created by special act, except for municipal purposes. 
All general laws and special acts passed pursuant to this sec- 
tion may be altered from time to time, or repealed. 

5 Cal. 46; 22 Cal. 423; 37 Cal. 379, 540; 48 Cal. 509, 

et seq. ; 52 Cal. 142 ; 54 Cal. 95 ; 61 Cal. 5, 42 ; 77 Cal. 

371; 98 Cal. 53; 109 Cal. 580; 111 Cal. 66; 119 Cal. 

341 ; 160 Cal. 121 : 166 Cal. 605. 



Art. IV, § 32 constitution of California, 1849. 217 

Sec. 32. Dues from corporations shall be secured by such indi- 
vidual liability of the corporators and other means as may be 
prescribed by law. 

24 Cal. 538; 35 Cal. 166; 62 Cal. 461; 72 Cal. 468, 

et seq. ; 111 Cal. 62, et seq. 

Sec. 33. The term corporations, as used in this article, shall 
be construed to include all associations and joint-stock com- 
panies having any of the powers or privileges of corporations 
not possessed by individuals or partnerships. And all corpora- 
tions shall have the right to sue and shall be subject to be sued 
in all courts, in like cases as natural persons. 
Ill Cal. 62. 

Sec. 34. The Legislature shall have no power to pass any act 
granting any charter for banking purposes, but associations may 
be formed, under general laws, for the deposit of gold and silver, 
but no such association shall make, issue or put in circulation any 
bill, check, ticket, certificate, promissory note, or other paper, or 
the paper of any bank, to circulate as money. 

52 Cal. 198 ; 105 Cal. 377. 
Sec. 35. The Legislature of this State shall prohibit by law 
any person or persons, association, company or corporation from 
exercising the privilege of banking or creating paper to circulate 
as money. 

105 Cal. 378. 
Sec. 36. Each stockholder of a corporation or joint-stock asso- 
ciation shall be individually and personally liable for his propor- 
tion of all its debts and liabilities. 

24 Cal. 538; 35 Cal. 166; 62 Cal. 461; 111 Cal. 62, et 

seq. ; 119 Cal. 340 ; 160 Cal. 581, 587. 
Sec. 37. It shall be the duty of the Legislature to provide for 
the organization of cities and incorporated villages, and to restrict 
their power of taxation, assessment, borrowing money, contract- 
ing debts, and loaning their credit, so as to prevent abuses in 
assessments and in contracting debts by such municipal corpora- 
tions. 

31 Cal. 252 ; 34 Cal. 523 : 47 Cal. 657 ; 48 Cal. 318 ; 51 

Cal. 24, et seq. ; 52 Cal. 143 ; 128 Cal. 593 ; 166 Cal. 605. 
Sec. 38. In all elections by the Legislature the members 
thereof shall vote viva voce, and the votes shall be entered on 
the journal. 

Sec. 39. In order that no inconvenience may result to the 
public service from the taking effect of the amendments proposed 
10—15736 



218 CONSTITUTION OF CALIFORNIA, 1849. A.RT. V, § 1 

to Article IV by the Legislature of eighteen hundred and sixty- 
one, no officer shall be suspended or superseded thereby until 
the election and qualification of the several officers provided for 
in said amendments. [New section; ratified September 3, 1862] 

ARTICLE V. 

EXECUTIVE DEPARTMENT. 

Section 1. The supreme executive power of the State shall 
be vested in a chief magistrate, who shall be styled the Gover- 
nor of the State of California. 
5 Cal. 21. 

Sec 2. The Governor shall be elected by the qualified elec- 
tors, at the time and places of voting for members of the 
Assembly, and shall hold his office for four years from and after 
the first Monday in December subsequent to his election ; and 
until his successor is elected and qualified. [Amendment ratified 
September 8, 1862] 

Original text. — Sec. 2. The Governor shall be elected by the 
qualified electors, at the time and places of voting for members 
of Assembly, and shall hold his office two years from the time 
of his installation, and until his successor shall be qualified. 
10 Cal. 44 ; 26 Cal. 253 ; 62 Cal. 569. 

Sec. 3. No person shall be eligible to the office of Governor 
(except at the first election) who has not been a citizen of the 
United States and a resident of this State two years next pre- 
ceding the election, and attained the age of twenty-five years at 
the time of said election. 

Sec 4. The returns of every election for Governor shall be 
sealed up and transmitted to the seat of government, directed to 
the Speaker of the Assembly, who shall, during the first week of 
the session, open and publish them in presence of both houses 
of the Legislature. The person having the highest number of 
votes shall be Governor ; but in case any two or more have an 
equal and the highest number of votes, the Legislature shall, by 
joint vote of both houses, choose one of said persons so having an 
equal and the highest number of votes, for Governor. 
34 Cal. 536. 

Sec 5. The Governor shall be commander-in-chief of the 
militia, the army and navy of this State. 

Sec 6. He shall transact all executive business with the 
officers of government, civil and military, and may require 
information in writing from the officers of the executive depart- 



AKT. V § 7 CONSTITUTION OF CALIFORNIA. 1*4!). 210 

ment. upon any subject relating to the duties of their respective 
offices. 

Sec. 7. He shall see that the laws are faithfully executed. 

Sec. 8. When any office shall, from any cause, become vacant, 
and no mode is provided by the Constitution and law for filling 
such vacancy, the Governor shall have power to fill such vacancy 
by granting a commission, which shall expire at the end of the 
next session of the Legislature, or at the next election by the 
people. 

1 Cal. 535 ; 2 Cal. 203 ; 3 Cal. 505 ; 6 Cal. 290 : 7 Cal. 
523 ; 8 Cal. 12 ; 20 Cal. 507 ; 22 Cal. 314 ; 34 Cal. 541 ; 
37 Cal. 617, 641 ; 52 Cal. 167. 

Sec. 9. He may, on extraordinary occasions, convene the 
Legislature by proclamation, and shall state to both houses, when 
assembled, the purpose for which they shall have been convened. 

Sec. 10. He shall communicate by message to the Legislature, 
at every session, the condition of the State, and recommend such 
matters as he shall deem expedient. 

Sec. 11. In case of a disagreement between the two houses 
with respect to the time of adjournment, the Governor shall have 
power to adjourn the Legislature to such time as he may think 
proper; provided, it be not beyond the time fixed for the meeting 
of the next Legislature. 
34 Cal. 536. 

Sec. 12. No person shall, while holding any office under the 
United States, or this State, exercise the office of Governor, 
except as hereinafter expressly provided. 
22 Cal. 314. 

Sec. 13. The Governor shall have the power to grant reprieves 
and pardons after conviction for all offenses except treason and 
- of impeachment, upon such conditions and with such 
restrictions and limitations as he may think proper, subject to 
such regulations as may be provided by law relative to the man- 
ner of applying for pardons. Upon conviction for treason, he 
shall have the power to suspend the execution of the sentence 
until the case shall be reported to the Legislature at its next 
meeting, when the Legislature shall either pardon, direct the 
execution of the sentence, or grant a further reprieve. He shall 
communicate to the Legislature, at the beginning of every ses- 
sion, every case of reprieve or pardon granted, stating the name 



220 CONSTITUTION OF CALIFORNIA, 1849. ART. V, § 14 

of the convict, the crime of which he was convicted, the sentence 
and its date, and the date of the pardon or reprieve. 
34 Cal. 536 ; 43 Cal. 441. 

Sec. 14. There shall be a seal of this State, which shall be 
kept by the Governor, and used by him officially and shall be 
called "The Great Seal of the State of California." 

Sec. 15. All grants and commissions shall be in the name and 
by the authority of the people of the State of California, sealed 
with the great seal of the State, signed by the Governor, and 
countersigned by the Secretary of State. 

Sec. 16. A Lieutenant-Governor shall be elected at the same 
time and places, and in the same manner as the Governor ; and 
his term of office and his qualifications of eligibility shall also be 
the same. He shall be President of the Senate, but shall only 
have a casting vote therein. If, during a vacancy of the office of 
Governor, the Lieutenant-Governor shall be impeached, displaced, 
resign, die, or become incapable of performing the duties of his 
office, or be absent from the State, the President of the Senate 
shall act as Governor until the vacancy be filled or the disability 
shall cease. 

2 Cal. 223; 10 Cal. 44; 26 Cal. 253; 34 Cal. 536; 62 
Cal. 569. 

Sec. 17. In case of the impeachment of the Governor, or his 
removal from office, death, inability to discharge the powers and 
duties of said office, resignation or absence from the State, the 
powers and duties of the office shall devolve upon the Lieutenant- 
Governor for the residue of the term, or until the disability shall 
cease. But when the Governor shall, with the consent of the 
Legislature, be out of the State in time of war, at the head of 
any military force thereof, he shall continue commander-in-chief 
of all the military forces of the State. 
10 Cal. 44 ; 62 Cal. 569. 

Sec. 18. A Secretary of State, a Controller, a Treasurer, an 
Attorney-General and a Surveyor-General shall be elected at the 
same time and places and in the same manner as the Governor 
and Lieutenant-Governor, and whose term of office shall be the 
same as the Governor. [Amendment ratified September 3, 1862] 

Original text. — Sec. 18. A Secretary of State, a Controller, 
a Treasurer, an Attorney-General and Surveyor-General shall 
be chosen in the manner provided in this Constitution ; and the 



Alii. V, § Li) CONSTITUTION OF CALIFORNIA, 1S10. 221 

term of office ami eligibility of each shall be the same as are 
prescribed for the Governor and Lieutenant-Governor. 
15 Cal. 62. 
Sec. 19. The Secretary of State shall keep a fair record of 
the official acts of the legislative and executive departments of 
the government, and shall, when required, lay the same, and all 
matters relative thereto, before either branch of the Legislature, 
and shall perform such other duties as may be assigned him by 
law ; and in order that no inconvenience may result to the public 
service from the taking effect of the amendments proposed to said 
Article V, by the Legislature of eighteen hundred and sixty-one, 
no officer shall be superseded or suspended thereby, until the 
election and qualification of the several officers provided for in 
said amendments. [Amendment ratified September 3, 1S62] 

Original text. — Sec 19. The Secretary of State shall be 
appointed by the Governor, by and with the advice and consent 
of the Senate. He shall keep a fair record of the official acts 
of the legislative and executive departments of the government, 
and shall, when required, lay the same, and all matters relative 
thereto, before either branch of the Legislature, and shall per- 
form such other duties as shall be assigned him by law. 

Sec. 20. The Controller, Treasurer, Attorney-General and 
Surveyor-General shall be chosen by joint vote of the two houses 
of the Legislature at their first session under this Constitution, 
and thereafter shall be elected at the same time and places, and 
in the same manner, as the Governor and Lieutenant-Governor. 
15 Cal. 62; 26 Cal. 253. 

Sec. 21. The Governor, Lieutenant-Governor, Secretary of 
State, Controller, Treasurer, Attorney-General and Surveyor- 
General shall each, at stated times during their continuance in 
office, receive for their services a compensation which shall not 
be increased or diminished during the term for which they shall 
have been elected ; but neither of these officers shall receive for 
his own use any fees for the performance of his official duties. 
9 Cai 347; 47 Cal. 366. 

ARTICLE VI. 

.11 DIOIAJL DEPARTMENT. 

Section J. The judicial power of this State shall be vested in 
a Supreme Court, in District Courts, in County Courts, in Pro- 
bate Courts and in Justices of the Peace, and in such Recorders' 
and other inferior courts as the Legislature may establish in any 



222 CONSTITUTION OE CALIFORNIA, 1849. ART. VI § 2 

incorporated city or town. [Amendment ratified September 3, 
1862] 

Original text. — Section 1. The judicial power of this State 
shall be vested in a Supreme Court, in District Courts, in County 
Courts and in Justices of the Peace. ' The Legislature may 
also establish such municipal and other inferior courts as may be 
deemed necessary. 

1 Cal. 145, 380 ; 5 Cal. 20 ; 11 Cal. 85 ; 12 Cal. 387 ; 21 
Cal. 417 ; 22 Cal. 478 ; 34 Cal. 523, 532 ; 39 Cal. 517 ; 41 
Cal. 131 ; 48 Cal. 74 ; 50 Cal. 407 ; 52 Cal. 223 ; 58 Cal. 
417. 

Sec. 2. The Supreme Court shall consist of a Chief Justice 
and four Associate Justices. The presence of three justices shall 
be necessary for the transaction of business, excepting such busi- 
ness as may be done at chambers, and the concurrence of three 
justices shall be necessary to pronounce a judgment. [Amend- 
ment ratified September 3, 1862] 

Original text. — Sec. 2. The Supreme Court shall consist of 
a Chief Justice and two Associate Justices, any two of whom 
shall constitute a quorum. 

2 Cal. 202; 5 Cal. 104. 

Sec. 3. The Justices of the Supreme Court shall be elected by 
the qualified electors of the State at special elections to be pro- 
vided by law, at which elections no officer other than judicial 
shall be elected, except a Superintendent of Public Instruction. 
The first election for Justices of the Supreme Court shall be held 
in the year eighteen hundred and sixty-three. The justices shall 
hold their offices for the term of ten years from the first day of 
January next after their election, except those elected at the first 
election, who, at their first meeting, shall so classify themselves 
by lot, that one justice shall go out of office every two years. 
The justice having the shortest term to serve shall be the Chief 
Justice. [Amendment ratified September 3, 1862] 

Original text. — Sec. 3. The Justices of the Supreme Court 
shall be elected at the general election, by the qualified electors 
of the State, and shall hold their office for the term of six years 
from the first day of January next after their election ; pro- 
vided, that the Legislature shall, at its first meeting, elect a 
Chief Justice and two Associate Justices of the Supreme Court, 
by joint vote of both houses, and so classify them that one shall 
go out of office every two years. After the first election, the 
senior justice in commission shall be the Chief Justice. 
2 Cal. 202 ; 8 Cal. 1G ; 10 Cal. 46. 



Art. VI. § 4 constitution of California. iS49. 223 

Sec. 4. The Supreme Court shall have appellate jurisdiction 
in all cases in equity; also in all cases at law which involve the 
title or possession of real estate, or the legality of any tax, 
impost, assessment, toll, or municipal fine, or in which the 
demand, exclusive of interest, or the value of the property in 
controversy amounts to three hundred dollars ; also in all cases 
arising in the probate courts ; and also in all criminal cases 
amounting to felony, on questions of law alone. The court shall 
have power to issue writs of mandamus, certiorari, prohibition 
and habeas corpus, and also all writs necessary or proper to 
the complete exercise of its appellate jurisdiction. Each of the 
justices shall have power to issue writs of habeas corpus to any 
part of the State, upon petition on behalf of any person held in 
actual custody, and may make such writs returnable before 
himself or the Supreme Court, or before any district court or 
any county court in the State, or before any judge of said courts. 
[Amendment ratified September 8, 1862] 

Original text. — Sec. 4. The Supreme Court shall have 
appellate jurisdiction in all cases when the matter in dispute 
exceeds two hundred dollars, when the legality of any tax, toll, 
or impost, or municipal fine is in question, and in all criminal 
cases amounting to felony, on questions of law alone. And the 
said court, and each of the justices thereof, as well as all dis- 
trict and county judges, shall have power to issue writs of 
habeas corpus at the instance of any person held in actual cus- 
tody. They shall also have power to issue all other writs and 
process necessary to the exercise of their appellate jurisdiction, 
and shall be conservators of the peace throughout the State. 

1 Cal. 87, 91, 145 ; 3 Cal. 248, 389 ; 9 Cal. 89 ; 10 Cal. 

46, 253 ; 13 Cal. 30 ; 25 Cal. 28, 95 ; 27 Cal. 107 ; 30 Cal. 

101 ; 31 Cal. 144 ; 34 Cal. 33 ; 40 Cal. 482 ; 42 Cal. 56 ; 

49 Cal. 140 ; 51 Cal. 318 ; 52 Cal. 222 ; 53 Cal. 291 ; 54 

Cal. 371 et seq. ; 55 Cal. 191 ; 60 Cal. 654 et seq. ; 67 Cal. 

213 ; 81 Cal. 464, 468 ; 157 Cal. 4. 
Sec. 5. The State shall be divided, by the Legislature of 
eighteen hundred and sixty-three, into fourteen judicial districts, 
subject to such alteration, from time to time, by a two thirds 
vote of all the members elected to both houses, as the public 
good may require ; in each of which there shall be a district 
court, and for each of which a district judge shall be elected by 
the qualified electors of the district at the special judicial elec- 
tions to be held as provided for the election of Justices of the 
Supreme Court, by section three of this article. The district 
judges shall hold their offices for the term of six years from the 



224 CONSTITUTION OF CALIFORNIA, 1849. ART. VI, § 6 

first day of January next after their election. The Legislature 
shall have no power to grant leave of absence to a judicial 
officer ; and any such officer who shall absent himself from the 
State for upwards of thirty consecutive days shall be deemed to 
have forfeited his office. [Amendment ratified September 3, 
1862] 

Original text. — Sec. 5. The State shall be divided by the 
first Legislature into a convenient number of districts, subject 
to such alteration from time to time as the public good may re- 
quire, for each of which a district judge shall be appointed by 
the joint vote of the Legislature, at its first meeting, who shall 
hold his office for two years from the first day of January next 
after his election ; after which, said judges shall be elected by 
the qualified electors of their respective districts, at the general 
election, and shall hold their office for the term of six years. 

1 Cal. 381 ; 3 Cal. 504 ; 11 Cal. 85 ; 12 Cal. 387 ; 13 Cal. 

477 ; 29 Cal. 485. 
Sec. 6. The district courts shall have original jurisdiction in 
all cases in equity ; also, in all cases at law which involve the 
title or possession of real property, or the legality of any tax, 
impost, assessment, toll, or municipal fine, and in all other cases 
in which the demand, exclusive of interest or the value of the 
property in controversy, amounts to three hundred dollars ; 
and also in all criminal cases not otherwise provided for. The 
district courts and their judges shall have power to issue writs 
of habeas corpus, on petition by or on behalf of any person held 
in actual custody, in their respective districts. [Amendment 
ratified September 3, 1862] 

Original text. — Sec. 6. The district courts shall have orig- 
inal jurisdiction, in law and equity, in all civil cases where the 
amount in dispute exceeds two hundred dollars, exclusive of in- 
terest. In all criminal cases not otherwise provided for, and in 
all issues of fact joined in the probate courts, their jurisdiction 
shall be unlimited. 

3 Cal. 389; 4 Cal. 342; 5 Cal. 95, 230; 9 Cal. 87; 10 

Cal. 253 ; 24 Cal. 65 ; 26 Cal. 383 ; 28 Cal. 121 ; 30 Cal. 

575 ; 31 Cal. 144, 339 ; 34 Cal. 688 ; 36 Cal. 28 ; 42 Cal. 

56 ; 51 Cal. 501 ; 52 Cal. 491 ; 54 Cal. 288 ; 55 Cal. 266 ; 

58 Cal. 400 ; 64 Cal. 288 ; 77 Cal. 375 ; 79 Cal. 484 ; 139 

Cal. 477 ; 157 Cal. 788. 

Sec 7. There shall be in each of the organized counties of 

the State a county court, for each of which a county judge shall 

be elected by the qualified electors of the county at the special 

judicial elections to be held as provided for the election of 



Art. VI, § 8 constitution of California, is in. 225 

Justices of the Supreme Court by section three of this article. 
The county judges shall hold their offices for the term of four 
years from the first day of January next after their election. 
Said courts shall also have power to issue naturalization papers. 
In the city and county of San Francisco the Legislature may 
separate the office of probate judge from that of county judge, 
and may provide for the election of a probate judge, who shall 
hold his office for the term of four years. [Amendment ralificd 
September J. 1S62] 

Original text. — Sec. 7. The Legislature shall provide for the 
election, by the people, of a clerk of the Supreme Court, and 
county clerks, district attorneys, sheriffs, coroners and other 
necessary officers : and shall fix by law their duties and com- 
pensation. County clerks shall be ex officio clerks of the dis- 
trict courts in and for their respective counties. 

16 Cal. 442 ; 30 Cal. 683 ; 40 Cal. 654 ; 55 Cal. 266. 

Sec. 8. The county court shall have original jurisdiction of 
actions of forcible entry and detainer, of proceedings in insol- 
vency, of actions to prevent or abate a nuisance, and of all such 
special cases and proceedings as are not otherwise provided for ; 
and also such criminal jurisdiction as the Legislature may pre- 
scribe : they shall also have appellate jurisdiction in all cases 
arising in courts held by justices of the peace and recorders, and 
in such inferior courts as may be established in pursuance of 
section one of this article, in their respective counties. The 
county judges shall also hold, in their several counties, probate 
courts, and perform such duties as probate judges as may be pre- 
scribed by law. The county courts and their judges shall also 
have power to issue writs of habeas corpus, on petition by or on 
behalf of any person in actual custody in their respective coun- 
ties. [Amendment ratified September 3, 18621 

Original text. — Sec 8. There shall be elected in each of the 
organized counties of this State one county judge, who shall 
hold his office for four years. He shall hold the county court 
and perform the duties of surrogate or probate judge. The 
county judge, with two justices of the peace, to be designated 
according to law, shall hold courts of sessions, with such crim- 
inal jurisdiction as the Legislature shall prescribe, and he shall 
perform such other duties as shall be required by law. 

5 Cal. 22 ; 6 Cal. 89 ; 9 Cal. 87 ; 10 Cal. 403 ; 20 Cal. 44 ; 

28 Cal. 119; 30 Cal. 575; 34 Cal. 689; 36 Cal. 27; 37 

Cal. 161 ; 38 Cal. 157 ; 39 Cal. 99 ; 41 Cal. 131 ; 42 Cal. 

56 ; 44 Cal. 125 ; 45 Cal. 217, 679 ; 48 Cal. 72 ; 51 Cal. 

433 ; 52 Cal. 223 ; 53 Cal. 413 ; 58 Cal. 402 ; 72 Cal. 439, 

440; 108 Cal. 337; 4 Cal. App. 119. 



22G CONSTITUTION OF CALIFORNIA. 1849. ART. VI, § 9 

Sec. 9. The Legislature shall determine the number of jus- 
tices of the peace to be elected in each city and township of the 
State, and fix by law their powers, duties and responsibilities ; 
provided, such powers shall not in any case trench upon the 
jurisdiction of the several courts of record. The Supreme Court, 
the district courts, county courts,, the probate courts, and such 
other courts as the Legislature shall prescribe, shall be courts 
of record. [Amendment ratified September 3, 1862] 

Original text. — Sec. 9. The county courts shall have such 
jurisdiction, in cases arising in justices' courts, and in special 
cases, as the Legislature may prescribe, but shall have no orig- 
inal civil jurisdiction, except in such special cases. 

3 Cal. 389 ; 5 Cal. 279 ; 6 Cal. 66 ; 9 Cal. 88 ; 15 Cal. 

92; 19 Cal. 572; 24 Cal. 66, 452; 28 Cal. 119; 42 Cal. 

67 ; 47 Cal. 8 ; 53 Cal. 413 ; 157 Cal. 776. 
Sec. 10. The Legislature shall fix by law the jurisdiction of 
any recorder's or other inferior municipal court which may be 
established in pursuance of section one of this article, and shall 
fix by law the powers, duties and responsibilities of the judges 
thereof. [Amendment ratified September 3, 1862] 

Original text. — Sec. 10. The times and places of holding the 
terms of the Supreme Court, and the general and special terms 
of the district courts within the several districts, shall be pro- 
vided for by law. 
8 Cal. 382. 

Sec. 11. The Legislature shall provide for the election of a 
clerk of the Supreme Court, county clerks, district attorneys, 
sheriffs, and other necessary officers, and shall fix by law their 
duties and compensation. County clerks shall be ex officio 
clerks of the courts of record in and for their respective counties. 
The Legislature shall also provide for the appointment by the 
several district courts of one or more commissioners in the sev- 
eral counties of their respective districts, with authority to per- 
form chamber business of the judges of the district courts and 
county courts, and also to take depositions, and to perform such 
other business connected with the administration of justice as 
may be prescribed by law. [Amendment ratified September 3, 
1862] 

Original text. — Sec. 11. No judicial officer, except a justice 
of the peace, shall receive to his own use, any fees or perquisites 
of office. 

32 Cal. 299 ; 43 Cal. 435. 



AKT. VI, $ 12 CONSTITUTION OF CALIFORNIA. 1840. 227 

.Sec. 12. The times and places of holding the terms of the 
several courts of record shall be provided for by law. [Amend- 
ment ratified September 3, 1862] 

Original text. — Sec. 12. The Legislature shall nrovide for 
the speedy publication of all statute laws, and of such judicial 
decisions as it may deem expedient ; and all laws and judicial 
decisions shall be free for publication by any person. 

Sec. 13. No judicial officer, except justices of the peace, 
recorders and commissioners shall receive to his own use any 
fees or perquisites of office. [Amendment ratified September 3, 
1S62] 

Original text. — Sec. 13. Tribunals for conciliation may be 
established with such powers and duties as may be prescribed 
by law : but such tribunals shall have no power to render judg- 
ment to be obligatory on the parties, except they voluntarily 
submit their matters in difference, and agree to abide the judg- 
ment, or assent thereto in the presence of such tribunal, in such 
cases as shall be prescribed by law. 

Sec. 14. The Legislature shall provide for the speedy publi- 
cation of such opinions of the Supreme Court as it may deem 
expedient ; and all opinions shall be free for publication by any 
person. [Amendment ratified September 3, 1862] 

Original text. — Sec. 14. The Legislature shall determine the 
number of justices of the peace to be elected in each county, 
city, town, and incorporated village of the State, and fix by law 
their powers, duties and responsibilities. It shall also deter- 
mine in what cases appeals may be made from justices' courts 
to the county court. 

5 Cal. 232 ; 9 Cal. 87. 

Sec. 15. The Justices of the Supreme Court, district judges 
and county judges shall severally, at stated times during their 
continuance in office, receive for their services a compensation, 
which shall not be increased or diminished during the term for 
which they shall have been elected: provided, that county judges 
shall be paid out of the county treasury of their respective coun- 
ties. [Amendment ratified September 3, 1862] 

Original text. — Sec. 15. The Justices of the Supreme Court 
and judges of the district courts shall severally, at stated times 
during their continuance in office, receive for their services a 
compensation to be paid out of the treasury. 
2 Cal. 203 ; 9 Cal. &16 ; 12 Cal. 392. 

Sec. 16. The Justices of the Supreme Court and the district 
judges and the county judges shall be ineligible to any other 
office than a judicial office during the term for which they shall 
have been elected. [Amendment ratified September 3, 1862] 



228 CONSTITUTION OF CALIFORNIA, 1849. AkT. VI, § 17 

Original text. — Sec. 16. The Justices of the Supreme Court 
and district judges shall be ineligible to any other office during 
the term for which they shall have been elected. 
12 Cal. 392 ; 30 Cal. 163 ; 38 Cal. 395. 
Sec. 17. Judges shall not charge juries with respect to mat- 
ters of fact, but may state the testimony and declare the law. 
[Amendment ratified September 3, 1862] 

[The original section was in identical words] 

27 Cal. 513; 49 Cal. 181; 55 Cal. 238; 104 Cal. 486; 

129 Cal. 499, 500, 501; 133 Cal. 398. 

Sec 18. The style of all process shall be : "The people of 

the State of California," and all prosecutions shall be conducted 

in their name and by their authority. [Amendment ratified 

September 3, 1862] 

Original text. — Sec. 18. The style of all process shall be: 
"The people of the State of California." All the prosecutions 
shall be conducted in their name and by the authority of the 
same. 

59 Cal. 191 ; 104 Cal. 486. 

Sec 19. In order that no inconvenience may result to the 
public service from the taking effect of the amendments proposed 
to said Article VI, by the Legislature of eighteen hundred and 
sixty-one, no officer shall be superseded thereby, nor shall the 
organization of the several courts be changed thereby, until the 
election and qualification of the several officers provided for in 
said amendments. [New section; ratified September 3, 1862] 
21 Cal. 416 ; 104 Cal. 486. 

ARTICLE VII. 

MILITIA. 

Section 1. The Legislature shall provide by law for organiz- 
ing and disciplining the militia, in such manner as they shall 
deem expedient, not incompatible with the Constitution and laws 
of the United States. 

Sec 2. Officers of the militia shall be elected or appointed in 
such manner as the Legislature shall from time to time direct, 
and shall be commissioned by the Governor. 

Sec 3. The Governor shall have power to call forth the 
militia to execute the laws of the State, to suppress insurrec- 
tions and repel invasions. 



ART. Vlir. § 1 CONSTITUTION OF CALIFORNIA. 1849. 220 

ARTICLE VIII. 

STATE INDEBTEDNESS. 

Section 1. The Legislature shall not iu any manner create 
any debt or debts, liability or liabilities, which shall, singly or in 
the aggregate, with any previous debts or liabilities, exceed the 
sum of three hundred thousand dollars, except in case of war, to 
repel invasion or suppress insurrection, unless the same shall be 
authorized by some law for some single object or work, to be 
distinctly specified therein, which law shall provide ways and 
means, exclusive of loans, for the payment of the interest of such 
debt or liability as it falls due, and also to pay and discharge 
the principal of such debt or liability within twenty years from 
the time of the contracting thereof, and shall be irrepealable 
until the principal and interest thereon shall be paid and dis- 
charged ; but no such law shall take effect until, at a general 
election, it shall have been submitted to the people and have 
received a majority of all the votes cast for and against it at 
such election ; and all money raised by authority of such law 
shall be applied only to the specific object therein stated, or to 
the payment of the debt thereby created ; and such law shall be 
published in at least one newspaper iu each judicial district, if 
one be published therein, throughout the State, for three 
months next preceding the election at which it is submitted to 
the people. 

6 Cal. 500 ; 7 Cal. 66 ; 13 Cal. 182 ; 15 Cal. 454 ; 16 Cal. 

253; 23 Cal. 174; 27 Cal. 206; 102 Cal. 293; 112 Cal. 

167 ; 133 Cal. 600. 

ARTICLE IX. 

EDUCATION. 

Section 1. A Superintendent of Public Instruction shall, at 
the special election for judicial officers to be held in the year 
eighteen hundred and sixty-three, and every four years there- 
after, at such special elections, be elected by the qualified voters 
of the State, and shall enter upon the duties of his office on the 
first day of December next after his election. [Amendment 
ratified September 3, 1862] 

Original text. — Section 1. The Legislature shall provide for 
the election, by the people, of a superintendent of public 
instruction, who shall hold his office for three years, and whose 
duties shall be prescribed by law, and who shall receive such 
compensation as the Legislature may direct. 



230 CONSTITUTION OF CALIFORNIA, 1849. -ART. IX, § 2 

Sec. 2. The Legislature shall encourage, by all suitable 
means, the promotion of intellectual, scientific, moral and agri- 
cultural improvement. The proceeds of all lands that may be 
granted by the United States to this State for the support of 
schools, which may be sold or disposed of, and the five hundred 
thousand acres of land granted to the new states, under an act 
of Congress distributing the proceeds of the public lands among 
the several states of the Union, approved A. D. one thousand 
eight hundred and forty-one, and all estates of deceased persons 
who may have died without leaving a will or heir, and also such 
per cent as may be granted by Congress on the sale of lands in 
this State, shall be and remain a perpetual fund, the interest of 
which, together with all the rents of the unsold lands, and such 
other means as the Legislature may provide, shall be inviolably 
appropriated to the support of common schools throughout the 
State. 

37 Cal. 244. 
Sec. 3. The Legislature shall provide for a system of common 
schools, by which a school shall be kept up and supported in each 
district at least three months in every year ; and any school dis- 
trict neglecting to keep up and support such a school may be 
deprived of its proportion of the interest of the public fund dur- 
ing such neglect. 

48 Cal. 50. 
Sec. 4. The Legislature shall take measures for the protec- 
tion, improvement, or other disposition of such lands as have 
been or may hereafter be reserved or granted by the United 
States, or any person or persons, to this State, for the use of a 
university ; and the funds accruing from the rents or sale of such 
lands, or from any other source, for the purpose aforesaid, shall 
be and remain a permanent fund, the interest of which shall be 
applied to the support of said university, with such branches as 
the public convenience may demand for the promotion of litera- 
ture, the arts and sciences, as may be authorized by the terms 
of such grant. And it shall be the duty of the Legislature, as 
soon as may be, to provide effectual means for the improvement 
and permanent security of the funds of said university. 

123 Cal. 616. 



Art. X, § 1 constitution of California. 1849. 231 

ARTICLE X. 

AMENDMENT OF THE CONSTITUTION. 

Section 1. Any amendment or amendments to this Consti- 
tution may be proposed in the Senate or Assembly ; and if the 
same shall be agreed to by a majority of the members elected 
to each of the two houses, such proposed amendment or amend- 
ments shall be entered on their journals with the yeas and nays 
tnken thereon, and referred to the Legislature then next to be 
chosen, and shall be published for three months next preceding 
the time of making such choice. And if, in the Legislature 
next chosen as aforesaid, such proposed amendment or amend- 
ments shall be agreed to by a majority of all the members 
elected to each house, then it shall be the duty of the Legisla- 
ture to submit such proposed amendment or amendments to 
the people in such manner and at such time as the Legislature 
shall prescribe ; and if the people shall approve and ratify such 
amendment or amendments by a majority of the electors qualified 
to vote for members of the Legislature voting thereon, such 
amendment or amendments shall become part of the Constitution. 

Sec. 2. And if at any time two thirds of the Senate and 
Assembly shall think it necessary to revise and change this 
entire Constitution, they shall recommend to the electors at the 
next election for members of the Legislature to vote for or 
against a convention ; and if it shall appear that a majority of 
the electors voting at such election have voted in favor of call- 
ing a convention, the Legislature shall, at its next session, pro- 
vide by law for calling a convention, to be holden within six 
months after the passage of such law ; and such convention 
shall consist of a number or members not less than that of both 
branches of the Legislature. The Constitution that may have 
been agreed upon and adopted by such convention shall be 
submitted to the people, at a special election to be provided 
for by law, for their ratification or rejection. Each voter shall 
express his opinion by depositing in the ballot-box a ticket, 
whereon shall be written or printed the words "For the New 
Constitution" or "Against the New Constitution." The returns 
of such election shall, in such manner as the convention shall 
direct, be certified to the executive of the state, who shall call 
to his assistance the Controller, Treasurer, and Secretary of 
State, and compare the votes so certified to him. If by such 
examination, it be ascertained that a majority of the whole 
number of votes cast at such election be in favor of such new 



232 CONSTITUTION OF CALIFORNIA, 1849. ART. XI, § 1 

Constitution, the Executive of this State shall, by his procla- 
mation, declare such new Constitution to be the Constitution 
of the State of California. [Amendment ratified November 4, 
1856] 

Original section. — Sec. 2. And if, at any time, two thirds of 
the Senate and Assembly shall think it necessary to revise or 
change this entire Constitution, they shall recommend to the 
electors, at the next election for members of the Legislature, to 
vote for or against the convention ; and if it shall appear that a 
majority of the electors voting at such election have voted in 
favor of calling a convent' on, the Legislature shall, at its next 
session, provide by law for calling a convention, to be holden 
within six months after the passage of such law ; and such con- 
vention shall consist of a number of members not less than that 
of both branches of the Legislature. 
26 Cal. 186. 

ARTICLE XI. 

MISCELLANEOUS PROVISIONS. 

Section 1. The first session of the Legislature shall be held 
at the Pueblo de San Jose, which place shall be the permanent 
seat of government until removed by law ; provided, however, 
that two thirds of all the members elected to each house of the 
Legislature shall concur in the passage of such law. 
5 Cal. 32; 50 Cal. 572. 

Sec. 2. Any citizen of this State who shall, after the adop- 
tion of this Constitution, fight a duel with deadly weapons, 
or send or accept a challenge to fight a duel with deadly weapons, 
either within this State or out of it, or who shall act as second 
or knowingly aid or assist in any manner those thus offending, 
shall not be allowed to hold any office of profit or to enjoy the 
right of suffrage under this Constitution. 

Sec. 3. Members of the Legislature and all officers, execu- 
tive and judicial, except such inferior officers as may be by law 
exempted, shall, before they enter on the duties of their respec- 
tive offices, take and subscribe the following oath or affirmation : 

"I do solemnly swear (or affirm, as the case may be) that I 
will support the Constitution of the United States and the 
Constitution of the State of California, and that I will faith- 
fully discharge the duties of the office of ■ , 

according to the best of my ability." 

And no other oath, declaration or test shall be required as a 
qualification for any office or public trust. 
17 Cal. 20 ; 22 Cal. 307 ; 24 Cal. 243. 



Art. XI, § 4 constitution of California, isio. 233 

Sec. 4. The Legislature shall establish a system of county 
and town governments, which shall be as nearly uniform as 
practicable throughout the State. 

33 Cal. 494; 34 Cal. 532; 47 Cal. 656; 48 Cal. 318; 
50 Cal. 564 : 58 Cal. 61 ; 121 Cal. 551. 

Sec. 5. The Legislature shall have power to provide for the 
election of a board of supervisors in each county, and these 
supervisors shall jointly and individually perform such duties 
as may be prescribed by law. 

'5 Cal. 22 ; 33 Cal. 404 ; 39 Cal. 9 ; 47 Cal. 656 ; 52 Cal. 
136; 53 Cal. 748. 
Sec. 6. All officers whose election or appointment is not pro- 
vided for by this Constitution, and all officers whose offices may 
hereafter be created by law, shall be elected by the people, or 
appointed, as the Legislature may direct. 

8 Cal. 16; 22 Cal. 314; 34 Cal. 541; 45 Cal. 558. 
Sec. 7. When the duration of any office is not provided for 
by this Constitution, it may be declared by law ; and if not so 
declared, such office shall be held during the pleasure of the 
authority making the appointment ; nor shall the duration of 
any office not fixed by this Constitution ever exceed four years. 
6 Cal. 289; 7 Cal. 102; 22 Cal. 314; 55 Cal. 524; 79 
Cal. 113; 12S Cal. 604; 136 Cal. 581; 138 Cal. 16; 
1 Cal. App. 7. 
Sec. 8. The fiscal year shall commence on the first day of 
July. 

23 Cal. 182; 43 Cal. 338. 
Sec. 9. Each county, town, city and incorporated village 
shall make provision for the support of its own officers, subject 
to such restrictions and regulations as the Legislature may 
prescribe. 

34 Cal. 533; 47 Cal. 657; 51 Cal. 29. 

Sec. 10. The credit of the State shall not in any manner 
be given or loaned to or in aid of any individual, association 
or corporation ; nor shall the State, directly or indirectly, 
become a stockholder in any association or corporation. 
27 Cal. 207. 

Sec. 11. Suits may be brought against the State in such 
manner and in such courts as shall be directed by law. 



234 CONSTITUTION OF CALIFORNIA, 1849. ART. XI, § 12 

Sec. 12. No contract of marriage, if otherwise duly made, 
shall be invalidated for want of conformity to the requirements 
of any religious sect. 

5 Cal. App. 648. 
Sec. 18. Taxation shall be equal and uniform throughout the 
State. All property in the State shall be taxed in proportion to 
its value, to be ascertained as directed by law, but assessors and 
collectors of town, county and State taxes shall be elected by 
the qualified electors of the district, county, or town in which 
the property taxed for State, county, or town purposes is 
situated. 

1 Gal. 252; 2 Cal. 592; 4 Cal. 49; 12 Cal. S3; 13 Cal. 

350 ; 14 Cal. 16 ; 22 Cal. 369 ; 29 Cal. 451 ; 30 Cal. 683 ; 

34 Cal. 475, 657 ; 37 Cal. 246 ; 40 Cal. 513 ; 41 Cal. 354 ; 

43 Cal. 335, 434, 595; 44 Cal. 326; 46 Cal. 492, 506, 

556 ; 47 Cal. 92, 234, 648 et seq. ; 51 Cal. 38, 244, 501, 

614 ; 52 Cal. 81, 601 ; 58 CaL 61 ; 59 Cal. 96 ; 64 Cal. 507 ; 

89 Cal. 114 ; 113 Cal. 399 ; 121 Cal. 552. 
Sec. 14. All property, both real and personal, of the wife, 
owned or claimed by her before marriage, and that acquired 
afterward by gift, devise or descent, shall be her separate prop- 
erty, and laws shall be passed more clearly defining the rights 
of the wife in relation as well to her separate property as to 
that held in common with her husband. Laws shall also be 
passed providing for the registration of the wife's separate 
property. 

43 Cal. 337; 153 Cal. 362. 
Sec. 15. The Legislature shall protect by law from forced 
sale a certain portion of the homestead and other property of 
all heads of families. 

14 Cal. 474 ; 24 Cal. 640 ; 54 Cal. 269, 619 ; 62 Cal. 138. 
Sec. 16. No perpetuities shall be allowed except for eleemosy- 
nary purposes. 

58 Cal. 472. 
Sec. 17. Every person shall be disqualified from holding any 
office of profit in this State who shall have been convicted of 
having given or offered a bribe to procure his election or appoint- 
ment. 

Sec. 18. Laws shall be made to exclude from office, serving 
on juries and from the right of suffrage, those who shall here- 
after be convicted of bribery, perjury, forgery, or other high 



AKT. XI, § 19 CONSTITUTION OF CALIFORNIA. 1849. 235 

crimes. The privilege of free suffrage shall be supported by 
laws regulating elections and prohibiting, under adequate penal- 
ties, all undue influence thereon from power, bribery, tumult, 
or other improper practice. 

2 Cal. 211 ; 22 Cal. 316. 

Sec. 19. Absence from this State on business of the State 
or of the United States shall not affect the question of residence 
of any person. 

26 Cal. 211; 43 Cal. 338. 

Sec. 20. A plurality of the votes given at any election shall 
constitute a choice, where not otherwise directed in this Con- 
stitution. 

Sec. 21. All laws, decrees, regulations and provisions which 
from their nature require publication, shall be published in 
English and Spanish. 

ARTICLE XII. 

BOUNDARY. 

Section 1. The boundary of the State of California shall be 
as follows : Commencing at the point of intersection of forty- 
second degree of north latitude with the one hundred twentieth 
degree of longitude west from Greenwich, and running south on 
the line of said one hundred twentieth degree of west longitude 
until it intersects the thirty-ninth degree of north latitude; 
thence running in a straight line in a southeasterly direction 
to the River Colorado, at a point where it intersects the thirty- 
fifth degree of north latitude ; thence down the middle of the 
channel of said river to the boundary line between the United 
States and Mexico, as established by the treaty of May thirtieth, 
one thousand eight hundred and forty-eight ; thence running 
west and along said boundary line to the Pacific Ocean, and 
extending therein three English miles ; thence running in a 
northwesterly direction and following the direction of the Pacific 
coast to the forty-second degree of north latitude ; thence on the 
line of said forty-second degree of north latitude to the place 
of beginning. Also, all the islands, harbors and bays along 
and adjacent to the coast. 

schedule. 

Section 1. All rights, prosecutions, claims and contracts, 
as well of individuals as of bodies corporate, and all laws in 
force at the time of the adoption of this Constitution, and not 



236 CONSTITUTION OF CALIFORNIA, 1840. ART. XII, § 2 

inconsistent therewith, until altered or repealed by the Legis- 
lature, shall continue as if the same had not been adopted. 
66 Cal. 107. 

Sec. 2. The Legislature shall provide for the removal of all 
causes which may be pending when this Constitution goes into 
effect to courts created by the same. 
66 Cal. 109. 

Sec. 3. In order that no inconvenienre may result to the 
public service from the taking effect of this Constitution, no 
office shall be superseded thereby, nor the laws relative to the 
duties of the several officers be changed until the entering into 
office of the new officers to be appointed under this Constitution. 

Sec. 4. The provisions of this Constitution concerning the 
term of residence necessary to enable persons to hold certain 
offices therein mentioned, shall not be held to apply to officers 
chosen by the people at the first election, or by the Legislature 
at its first session. 

Sec. 5. Every citizen of California declared a legal voter by 
this Constitution, and every citizen of the United States a resi- 
dent of this State on the day of election, shall be entitled to 
vote at the first general election under this Constitution, and 
on the question of the adoption thereof. 

Sec. 6. This Constitution shall be submitted to the people 
for their ratification or rejection at the general election to be 
held on Tuesday, the thirteenth day of November, next. The 
Executive of the existing government of California is hereby 
requested to issue a proclamation to the people, directing the 
prefects of the several districts, or, in case of vacancy, the sub- 
prefects or senior judge of first instance, to cause such election 
to be held on the day aforesaid in their respective districts. 
The election shall be conducted in the manner which was pre- 
scribed for the election of delegates to this convention, except 
that the prefects, sub-prefects, or senior judge of first instance 
ordering such election in each district shall have power to 
designate any additional number of places for opening the polls, 
and that in every place of holding the election a regular poll 
list shall be kept by the judges and inspectors of election. It 
shall also be the duty of these judges and inspectors of election, 
on the day aforesaid, to receive the vote of the electors qualified 
to vote at such election. Each voter shall express his opinion 
by depositing in the ballot box a ticket whereon shall be written 
or printed "For the Constitution," or "Against the Constitu- 



AHT. XII, § 7 CONSTITUTION OF CALIFORNIA, 1849. 237 

tion,'" or some such words as will distinctly convey the inten- 
tion of the voter. These judges and inspectors shall also receive 
the votes for the several officers to be voted for at the said elec- 
tion, as herein provided. At the close of the election the judges 
and inspectors shall carefully count each ballot, and forthwith 
make duplicate returns thereof to the prefect, sub-prefect, or 
senior judge of first instance, as the case may be, of their 
respective districts ; and said prefect, sub-prefect, or senior 
judge of first instance shall transmit one of the same, by the 
most safe and rapid conveyance, to the Secretary of State. 
Upon the receipt of said returns, or on the tenth day of Decem- 
ber next, if the returns be not sooner received, it shall be the 
duty of a board of canvassers, to consist of the Secretary of 
State, one of the judges of the Superior Court, the prefect, 
judge of first instance, and an alcalde of the District of 
Monterey, or any three of the aforementioned officers, in the 
presence of all who shall choose to attend, to compare the votes 
given at said election, and to immediately publish an abstract of 
the same in one or more of the newspapers of California. And 
the Executive will also, immediately after ascertaining that the 
Constitution has been ratified by the people, make proclamation 
of the fact ; and thenceforth this Constitution shall be ordained 
and established as the Constitution of California. 

Sec. 7. If this Constitution shall be ratified by the people of 
California, the Executive of the existing government is hereby 
requested, immediately after the same shall be ascertained, in the 
manner herein directed, to cause a fair copy thereof to be for- 
warded to the President of the United States, in order that he 
may lay it before the Congress of the United States. 

Sec. 8. At the general election aforesaid, viz., the thirteenth 
day of November next, there shall be elected a Governor, Lieu- 
tenant-Governor, members of the Legislature, and also two 
members of Congress. 

Sec. 9. If this Constitution shall be ratified by the people of 
California, the Legislature shall assemble a I the seat of govern- 
ment on the fifteenth day of December next ; and in order to 
complete the organization of that body, the Senate shall elect a 
president pro tempore until the Lieutenant-Governor shall be 
installed into office. 

Sec. 10. On the organization of the Legislature, it shall 
be the duty of the Secretary of State to lay before each house 
a copy of the abstract made by the board of canvassers, and, 



238 CONSTITUTION OF CAtiFOSNlA, 1849. ART. XH, § ll 

if called for, the original returns of election, in order that each 
house may judge of the correctness of the report of said board 
of canvassers. 

Sec. 11. The Legislature, at its first session, shall elect such 
officers as may be ordered by this Constitution to be elected by 
that body, and, within four days after its organization, proceed 
to elect two Senators to the Congress of the United States. 
But no law passed by this Legislature shall take effect until 
signed by the Governor after his installation into office. 

Sec. 12. The Senators and Representatives of the Congress 
of the United States elected by the Legislature and people of 
California, as herein directed, shall be furnished with certified 
copies of this Constitution, when ratified, which they shall lay 
before the Congress of the United States, requesting, in the 
name of the people of California, the admission of the State 
of California into the American Union. 

Sec. 13. All officers of this State, other than members of 
the Legislature, shall be installed into office on the fifteenth 
day of December next, or as soon thereafter as practicable. 

Sec. 14. Until the Legislature shall divide the State into 
counties and senatorial and assembly districts, as directed by 
this Constitution, the following shall be the apportionment of 
the two houses of the Legislature, viz : The districts of San 
Diego and Los Angeles shall jointly elect two Senators ; the 
districts of Santa Barbara and San Luis Obispo shall jointly 
elect one Senator ; the district of Monterey, one Senator ; the 
district of San Jose, one Senator ; the district of San Fran- 
cisco, two Senators; the district of Sonoma, one Senator; the 
district of Sacramento, four Senators ; and the district of San 
Joaquin, four Senators. And the district of San Diego shall 
elect one member of the Assembly ; the district of Los Angeles, 
two members of Assembly ; the district of Santa Barbara, two 
members of Assembly ; the district of San Luis Obispo, one 
member of Assembly ; the district of Monterey, two members of 
Assembly ; the district cf San Jose, three members of Assembly ; 
the district of San Francisco, five members of Assembly ; the 
district of Sonoma, two members of Assembly; the district of 
Sacramento, nine members of Assembly ; and the district of 
San Joaquin, nine members of Assembly. 

Sec. 15. Until the Legislature shall otherwise direct, in 
accordance with the provisions of this Constitution, the salary 
of the Governor shall be ten thousand dollars per annum; and 



Art. XII. § 16 constitution of California. 1849. 230 

the salary of the Lieutenant-Governor shall be double the pay 
of a State Senator ; and the pay of members of the Legislature 
shall be sixteen dollars per diem while in attendance, and six- 
teen dollars for every twenty miles traveled by the usual route 
from their residences to the place of holding the session of the 
Legislature, and in returning therefrom. And the Legislature 
shall fix the salaries of all officers other than those elected by 
the people at the first election. 

Sec. 16. The limitation of the powers of the Legislature 
contained in Article VIII of this Constitution shall not extend 
to the first Legislature elected under the same, which is hereby 
authorized to negotiate for such amount as may be necessary 
to pay the expenses of the State government. 

R. SEMPLE, President. 
Wm. G. Marct, Secretary. 



Summary of Amendments Adopted by the Legislature and 

Submitted to the Voters of California, with 

Statement of Vote for and Against 

Each Amendment, 

1883-1914. 

Article IX, Section 7. 

(Statutes of 1883, page 365) 
Election November J,, 1881,. Adopted. Yes, 143,017; No, 
11,930. 

Article XI, Section 19. 
(Statutes of 1883, page 2) 
Election November //, 1884- Adopted. Yes, 149,285; No. 
7,363. 

Article XIII, Section 9. 
(Statutes of 1884-85, extra session, page 12) 
Election November 4, 1884- Adopted. Yes, 128,371 ; No, 
27,934. 

Article XIII, Sections 1, 8, 10 and 11. 

(Statutes of 1885, page 27) 

Proposing amendments requiring all properties (except rail- 
roads) not exempt to be taxed ; excepting growing crops, school, 
and other public property, and specifying how vines and trees 
shall be assessed ; relating to taxation of ships ; to solvent 
credits, and requiring statements to county assessors by tax- 
payers. 

Election November 2, 1886. Rejected. Yes, 0,002; No. 
123,173. 

Article XI, Section 8. 

(Statutes of 1887, page 88) 
Election April 12, 1887. Adopted. Yes, 37,791 ; No, 34.13G. 

Article VI, Sections 2 and 3. 

(Statutes of 1887, page 96) 

Proposing an amendment specifying number of Supreme Court 
judges, and relating to vacancy in office of Chief Justice, terms 
of office, etc. 

Election April 12. 1887. Rejected. Yes, 29,349 ; No, 41,307. 



SUMMARY OF AMENDMENTS. 241 

Article VI, Sections 2 and 3. 

(Statutes of 1887, page 242^ 

Proposing: an amendment relative to judiciary, specifying 
number of justices of Supreme Court, terms of office, and man- 
ner of election of Supreme Justice. 

Election April 12, 1887. Rejected, Yes, 27,659 ; No, 43,005. 

Article XI, Section 8. 
(Statutes of 1889, page 340) 
Election November J h 1890. Adopted. Yes, 96,342; No, 3,275. 

Article IV, Section 2. 
(Statutes of 1891, page 3) 
Proposing an amendment relating to sessions of the Legisla- 
ture, compensation of members and legislative procedure. 

Election November S. 1892. Rejected. Yes, 36,442; No, 
153,831. 

Article V, Sections 15 and 19. 

(Statutes of 1891, page 528) 

Proposing an amendment relating to election of Lieutenant 

Governor ; duties ; vacancy in office of ; providing for salary of 

Governor, Lieutenant Governor, Secretary of State, Controller, 

Treasurer, Attorney General, Surveyor General, etc. 

Election November 8, 1892. Rejected. Yes, 43,456; No, 
12^,743. 

Article XI, Section 8. 
(Statutes of 1891, page 533) 
Election Xovember 8, 1892, Adopted. Yes, 114,617; No, 
42,076. 

Article IV, Section 34. 
(Statutes of 1891, page 531) 
Proposing an amendment requiring that no bill (except general 
appropriation and deficiency bills) shall contain more than one 
appropriation, and for a single purpose; also as to deficiency 
bill; action on same by the Governor; incurring of deficiency 
bj State officers, etc. 

Election Xovember 8, 1892. Rejected. Yes, 69,286; No, 

Article XI, Section 18. 
(Statutes of 1891, page 523) 
Election November 8, 1W2. Adopted. Yes, 108,942; No, 
50,548. 

11—157. 



242 SUMMARY OF AMENDMENTS. 

Article XIII, Section 12%. 
(Statutes of 1893, page 623) 
Election November 6, 1894- Adopted. Yes, 147,002; No, 
48,153. 

Article II, Section 1. 
(Statutes of 1893, page 543) 
Election November 6, 1894. Adopted. Yes, 170,113; No, 
32,281. 

Article I, Section 17. 
(Statutes of 1893, page 624) 
Election November 6, 1894. Adopted. Yes, 119,309; No. 
56,805. 

Article IX, Section 7. 
(Statutes of 1893, page 659) 
Election November 6, 1894. Adopted. Yes, 98,676; No, 
77,295. 

Article XIII, Section 9. 
(Statutes of 1893, page 627) 
Proposing an amendment relative to the election of a State 
board of equalization ; to county boards of equalization ; to duties 
of each such board, and the election of members to each. 

Election November 6, 1894. Rejected. Yes, 86,777; No, 
S8,605. 

Article XI, Section 3. 
(Statutes of 1893, page 617) 
Election November 6, 1894. Adopted. Yes, 140,713 ; No, 
44,824. 

Article XIII, Section 1. 

(Statutes of 1893, page 658) 
Election November 6, 1894- Adopted. Yes, 135,741 ; No, 
46,338. 

Article XI, Section 7. 

(Statutes of 1893, page 625) 
Election November 6, 1894. Adopted. Yes, 106,768; No, 
62,425. 

Article IV, Section 23. 
(Statutes of 1893, page 660) 
Proposing an amendment relative to compensation, mileage 
and contingent expenses members of Legislature. 

Election November 6, 1894- Rejected. Yes, 45,675 ; No. 
146,680. 



SUMMARY OF AMENDMENTS. 243 

Article XX, Section 1. 
(Statutes of 1893, page 657) 
Proposing an amendment relative to changing the seat of gov- 
ernment from City of Sacramento to City of San Jose. Declared 
unconstitutional by Supreme Court March 29, 1894. Not sub- 
mitted. 

Article II, Section 5. 
(Statutes of 1895, page 407) 
Election November 3. 1896. Adopted. Yes, 121,773; No, 

7S.8S6. 

Article XI, Section 8|/ 2 . 
(Statutes of 1895, page 450) 
Election November 3, 1896. Adopted. Yes, 99,888; No. 
74.906. 

Article XI, Section 6. 
(Statutes of 1895, Section 450) 
Election November 3, 1896. Adopted. Yes, 101,587; No, 
74,353. 

Article II, Section 1. 
(Statutes of 1895, page 453) 
Proposing an amendment relative to rights of suffrage — per- 
mitting women to vote. 

Election November 3, 1896. Rejected. Yes, 110,355; No, 
137.099. 

Article XII, Section 3. 
(Statutes of 1895, page 446) 
Proposing an amendment relative to corporations, and limiting 
the liability of stock or shareholders, and fixing the liability of 
directors or trustees. 

Election November 3, 1896. Rejected, Yes, 82,609; No, 
109,438. 

Article XIII. 
(Statutes of 1895, page 405) 
Proposing an amendment to repeal sections 4 and 5, and to 
amend section 1 thereof ; providing that all property, not exempt, 
shall be taxed in proportion to its value; defining the word 
•property" ; exempting property of free public libraries, and 
museums, growing crops, mortgages, trust deeds, school property, 
and property of the United Stales, and Stale, counties, and 
municipalities. 

Election November 3, 1896. Rejected. Yes, 63,620; No, 
158,093. 



244. SUMMARY OF AMENDMENTS. 

Article IV, Section 2. 
(Statutes of 1897, page 649) 
Proposing an amendment relating to sessions of the Legisla- 
ture, length of same, recess, compensation, etc. 

Election November 8, 1898. Rejected. Yes, 63,195 ; No. 
81,269. 

Article V, Sections 15 and 16. 
(Statutes of 1897, page 646) 
Election November 8, 1898. Adopted. Yes, 79,748; No, 
66,260. 

Article II, Section 5Y 2 . 
(Statutes of 1897, page 645) 
Proposing an amendment relating to consolidated city and 
county governments, and exempting same from the provisions 
of sections 4 and 5 of article XI. 

Election November 8, 1898. Rejected. Yes, 61,843; No, 
76,128. 

Article IX, Section 6. 
(Statutes of 1897, page 647) 
Proposing an amendment relating to the public school system, 
specifying what it includes, and also what grammar schools 
shall include. 

Election November 8, 1898. Rejected. Yes, 56,726; No. 
85,712. 

Constitutional Convention. 
(Statutes of 1897, page 650) 
Proposition for calling of convention to revise Constitution. 
Election November 8, 1898. Rejected. Yes, 42,556; No, 
65,057. 

Article XI, Section 7y 2 - 
(Statutes of 1897, page 641) 
Proposing an amendment providing for the framing by the 
inhabitants of counties of local county government acts. 

Election November 8, 1898. Rejected. Yes, 74,816; No, 
75,037. 

Article XI, Section 18. 
(Statutes of 1897, page 640) 
Proposing an amendment relative to revenue and taxation — 
providing that indebtedness of municipalities must not exceed 
income unless provision .be made for payment of interest and 
for a sinking fund. City of San Francisco and City of Vallejo 
permitted to pay certain claims. 

Election November 8, 1898. Rejected. Yes, 54,013 ; No, 
90,602. 



SI MMARY OF AMENDMENT^. 1245 

Article VI, Section 5]/ 2 . 
(Statutes of 1S97, page 643) 
Proposing ah amendment providing for organization of a court 
of claims. 

Election November S, 1898. Rejected. Yes, 69,232; No, 
75,695. 

Article XIII, Section V/ 2 . 
(Statutes of 1899, page 447) 
Election November 6. 1900. Adopted. Yes, 115,851 : No, 
102.564. 

Article IX. 

^Statutes of 1899, page 499) 
Election November 6. 1900. Adopted. Yes. 111,892; No, 
70,264. 

Article IX, Section 10. 
(Statutes of 1899, page 493) 
Election November 6\ 1900. Adopted. Yes, 137.007; No. 
67,737. 

Article II, Section 2J/ 2 . 
(Statutes of 1899, page 501) 
Election November 6, 1900. Adopted. Yes, 106,733; No, 
51,519. 

Article VI. 
(Statutes of 1899, page 502) 
Proposing an amendment relative to the compensation of 
supreme and superior court judges. 

Election November 6, 1900. Rejected. Yes, 60,754; No, 
85,472. 

Article XIII, Section 1%. 
(Statutes of 1899, page 500) 
Proposing an amendment relating to exemption from taxation 
of all bonds issued by the State, or by any county, city, city and 
county, town, municipality, municipal corporation of any soil. 
or district (including school, reclamation and irrigation dis- 
tricts) within said State. 

Election Wovember 0. 1900. Rejected. Yes, 75,280; N<>, 
5 

Article II, Section 18. 
(Assembly Journal 1899, page 1731) 
Election November 6, 1900. Adopted. Yes, 85,461; No, 
G2,993. 



246 SUMMARY OF AMENDMENTS. 

Article VI, Sections 1, 2, 3, 4, 10, 12, 14, 16, 17, 18, 21, 23 and 24. 
(Statutes of 1899, page 503) 

Proposing an amendment relating to judiciary, and establish- 
ing a court of appeals. 

Election November 6, 1900. Rejected. Yes, 69,997; No, 
79,354. 

Article XIII, Section 1%. 
(Statutes of 1901, page 950) 
Election November 4, 1902. Adopted. Yes, 74,526; No, 
66,132. 

Article IX, Section 6. 
(Statutes of 1901, page 948) 
Election November 4, 1902. Adopted. Yes, 89,947; No, 
60,861. 

Article XI, Section 8. 

(Statutes of 1901, page 950) 
Election November 4, 1902. Adopted. Yes, 70,748; No, 
53,182. 

Article I, Section 8. 
(Statutes of 1901, page 967) 
Proposing an amendment providing that offenses shall be 
prosecuted by information, after examination and commitment 
b* magistrate. 

Election November 4, 1902. Rejected. Yes, 56,222; No, 
72,153. 

Article II, Section 6. 
(Statutes of 1901, page 960) 
Election November 4, 1902. Adopted. Yes, 83,966; No, 
43,127. 

Article IV, Section 25Y 2 . 
(Statutes of 1901, page 948) 
Election November 4, 1902. Adopted. Yes, 88,622; No, 
54,930. 

Article IV, Section 36. 
(Statutes of 1901, page 960) 
Election November 4, 1902. Adopted. Yes, 78,479; No, 
59,632. 

Article XX, Section 17. 
(Statutes of 1901, page 959) 
Election November 4, 1902. Adopted. Yes, 114,972; No, 

33,752. 



SUMMARY OF AMENDMENTS. 247 

Article XX, Sections 21, 22. 
(Statutes of 1901, page 962) 

Proposing an amendment providing for a State commission to 
have charge in certain respects, of railroads, transportation 
companies, common carriers, banks, insurance companies, water, 
gas and electric light and power ; telephone companies ; tele- 
graph companies, sleeping-car companies, and express companies, 
and of certain services and commodities ; howsoever supplied 
to the public, and legislation concerning the same ; and repeal- 
ing certain present constitutional provisions relative to the same 
subject. 

Election November 4, 1902. Rejected. Yes, 31,474; No, 
118,791. 

Article VI, Sections 1, 4, 10, 12, 16, 17, 18, 21, 23 and 24. 
(Statutes of 1903, page 737) 
Election November 8, 1904- Adopted. Yes, 93,306; No. 
36,277. 

Article IX, Section 12. 

(Statutes of 1903, page 598) 
Election November 8, 190b. Adopted. Yes, 73,207; No, 
62.275. 

Article XIII, Section 1%. 

(Statutes of 1903, page 734) 
Proposing an amendment relative to exemption of shipping 
from taxation. 

Election November 8, 1904. Rejected. Yes, 48,983 ; No, 81,857. 

Article IV, Sections 2, 23. 
Article V, Section 4. 
(Statutes of 1903, page 736) 
Proposing an amendment to sections 2 and 23 of article IV. 
relative to length of legislative session, compensation of mem- 
bers, limiting the number of employees of Senate and Assembly ; 
and by amending section 4 of article V, relating to declaring elec- 
tions of Governor. 

Election November 8, 1904. Rejected. Yes, 02,702 ; No. 63,983. 

Article XIII, Section 10|/ 2 . 
(Statutes of 1903, page 682) 
etion November 8, 1904. Adopted. Yes, 74.437 ; No, 45,221. 



248 SUMMARY OF AMENDMENTS. 

Article IV, Section 24j/ 2 . 

(Statutes of 1903, page 742) 
Proposing an amendment relating to power of Legislature to 
amend existing codes. 
Election November 8, 1904' Rejected. Yes, 59,050 ; No, 59,933. 

Article VI, Section 17. 

(Statutes of 1905, page 1069) 
Election November 6, 1906. Adopted. Yes, 50,957 ; No, 49,905. 

Article V, Section 19. 

(Statutes of 1905, page 1073) 
Proposing an amendment relating to and fixing compensation 
of State officers. 

Election November 6, 1906. Rejected. Yes, 31,003 ; No, 71,435. 

Article XI, Section 13|/ 2 . 
(Statutes of 1905, page 1067) 
Election November 6, 1906. Adopted. Yes, 69,305 ; No, 32,3S4. 

Article XI, Section 8. 

(Statutes of 1905, page 1064) 
Election November 6, 1906. Adopted. Yes, 49,327; No. 48,391. 

Article XX, Section 16. 

(Statutes of 1905, page 1063) 
Election November 6, 1906. Adopted. Yes, 53,307 ; No, 43,200. 

Article IX, Section 13. 

(Statutes of 1905, page 1072) 
Election November 6, 1906. Adopted. Yes, 65,250; No, 43,327. 

Article V, Sections 15, 19. 

(Statutes of 1905, page 1070) 
Proposing an amendment relative to duties and salary of 
Lieutenant-Governor. 

Election November 6, 1906. Rejected. Yes, 31,550 ; No, 64,914. 

Article XII, Section 7. 

(Statutes of 1905, page 1071) 
Proposing an amendment relative to extension of franchise of 
charter of corporations. 

Election November 6, 1906. Rejected. Yes, 37,098 ; No, 65,9S2. 

Article XI, Section W/ z . 
(Statutes of 1905, page 1062) 
Election November 6, 1906. Adopted. Yes, 62,767; No, 35,213, 



StTMMAfiT OF AMENDMENTS. 24!> 

Article IV, Sections 2, 23. 

(Statutes of 1905, page 1075) 

Proposing an amendment relating to length of legislative ses- 
sion, compensation of members, and limiting expense of em- 
ployees of Senate and Assembly. 

Election November 6, 1906. Rejected. Yes,. 37,360; No, 57,785. 

Article XI, Section 20. 

(Statutes of 1906. extra session, page 91) 

Proposing an amendment conferring for a period of two 

years certain powers and rights on the city and county of San 

Francisco, relative to streets, parks, boulevards, residences and 

lands now owned or hereafter acquired by it, and the use thereof. 

Election November 6, 1906. Rejected. Yes, 35,649; No, 58,042. 

Article XI, Section 8. 

(Statutes of 1906, extra session, page 88) 
Proposing an amendment relating to amendment during the 
period of two years of charters of the city and county of San 
Francisco and city of San Jose, without ratification by the 
Legislature. 

Election Xovemoer 6, 1906. Rejected. Yes, 31,867; No, 58,254. 

Article XIII, Section 5. 

(Statutes of 1906, extra session, page 90) 
Election yocember 6, 1906. Adopted. Yes, 54,S94 ; No, 39,876. 

Article XI, Section 18. 
(Statutes of 1906, extra session, page 91) 
Election Xovcmbcr 6, 1906. Adopted. Yes, 48,221 ; No, 46,329. 

Article XIII, Sections 1, 9, 10, 11, 14, 15. 

Article XI, Section 10. 

(Statutes of 1907, page 1353) 

Proposing an amendment to sections 1, 9, 10 and 11 of article 

XIII, and adding two new sections thereto, numbered 14 and 15, 

and repealing section 10 of article XI. all relating to revenue and 

taxation. 

Election November 3, 1908. Rejected. Yes, ^7.1)77: No, 
114,104. 

Article IV, Sections 2, 23. 
( Statutes of 1907, page 130:') 
Election November ■',. 1908. Adopted. Yes, 116,000; No, 
• 



250 SUMMABY OF AMENDMENTS. 

Article V, Section 19. 

(Statutes of 1907, page 1364) 
Election November 3, 1908. Adopted. Yes, 92,558; No, 92,556. 

Article XIII, Section 4. 

(Statutes of 1907, page 1159) 

Proposing an amendment relative to assessment of a mort- 
gage, deed of trust, contract or other obligation by which a debt 
is secured, and to taxes due upon such assessment. 

Election November 3, 1908. Rejected. Yes, 90,061 ; No, 90,896. 

Article XVI, Section 1. 

(Statutes of 1907, page 1366) 
Election November 3, 1908. Adopted. Yes, 97,237 ; No, 63,465. 

Article XII, Section 7. 

(Statutes of 1907, page 1240) 
Election November 3, 1908. Adopted. Yes, 115,412; No, 
81,849. 

Article IV, Section 23a. 
(Statutes of 1907, page 1358) 
Election November 3, 1908. Adopted. Yes, 135,113; No, 
48,144. 

Article XII, Section 3. 
(Statutes of 1907, page 1365) 
Election November 3, 1908. Adopted. Yes, 103,025; No, 
70,575. 

Article IV, Section 26. 
(Statutes of 1907, page 1360) 
Election November 3, 1908. Adopted. Yes, 96,235 ; No, 84,778. 

Article II, Section 2y 2 . 
(Statutes of 1907, page 1271) 
Election November 3, 1908. Adopted. Yes, 152,853; No, 
46,772. 

Article XI, Section 5. 
(Statutes of 1907, page 1276) 
Election November 3, 1908. Adopted. Yes, 107,244; No, 
69,479. 

Article IX, Section 6. 
(Statutes of 1907, page 1275) 
Election November 3, 1908. Adopted. Yes, 97,763 ; No, 87,584. 



SUMMARY OF AMENDMENTS 2ol 

Article IX, Section 7. 
(Statutes of 1907, page 1369) 
Proposing an amendment relating to board of education, uni- 
form textbooks, etc. 

Election November S, 1908. Rejected. Yes, 07,497; No, 
107.613. 

Article IV, Section 16. 
(Statutes of 1907, page 1370) 
Election November S, 1908. Adopted. Yes, 122,362; No, 
50,979. 

Article XIII, Sections 10, 14. 

Article XI, Section 10. 
(Statutes of 1909, page 1332) 
Election November 8, 1910. Adopted. Yes, 118,927; No, 
96,493. 

Article XIII, Sections 1, 4. 
(Statutes of 1909, page 1318) 
Election November 8, 1910. Adopted. Yes, 11S.927; No, 
79,435. 

Article VI, Section 8. 
(Statutes of 1909, page 1337) 
Election November 8, 1910. Adopted. Yes, 121,997; No, 
44,13a 

Article XI, Section 3. 
(Statutes of 1909, page 1342) 
Election November 8, 1910. Adopted. Yes, 96,607 ; No, 70,808. 

Article XII, Section 5. 
(Statutes of 1909, page 1319) 
Election November 8, 1910. Adopted. Yes, 118,970; .\<>, 
18,583. 

Article IV, Section 22. 
(Statutes of 1910, extra session, page 3) 
Election November 8, 1910. Adopted. Yes, 174,513; No. 
50357. 

Article I, Section 25. 
(Statutes of 1909, page 1343) 
Election November 8, 1910. Adopted. Yes, 167,869; No, 

•s:-—. 

Article XI, Section 8a. 
(Statutes of 1910, extra session, page 1) 
Election November 8, 1910. Adopted. Yes, 180,043; No. 
34.723. 



252 SUMMARY OF AMENDMENTS. 

Article XI, Section 14. 

(Statutes of 1911, page 1798) 
Election October 10, 1911. Adopted. Yes, 165,881; No, 
53,660. 

Article XI, Section 7J/ 2 . 
(Statutes of 1911, page 2168) 
Election October 10, 1911. Adopted. Yes, 130,828; No, 
76,177. 

Article IV, Section 2. 
(Statutes of 1911, page 2167) 
Election October 10, 1911. Adopted. Yes, 127,794; No, 
79,348. 

Article II, Section 1. 
(Statutes of 1911, page 1548) 
Election October 10, 1911. Adopted. Yes, 125,037; No, 
121,450. 

Article 1, Section 14. 
(Statutes of 1911, page 1488) 
Election October 10, 1911. Adopted. Yes, 141,436; No, 
58,105. 

Article II, Section 8. 
(Statutes of 1911, page 2175) 
Election October 10, 1911. Adopted. Yes, 120,904; No, 
77,409. 

Article IV, Section 1. 
(Statutes of 1911, page 1655) 
Election October 10, 1911. Adopted. Yes, 168,744 ; No, 
52,093. 

Article XXIII. 
(Statutes of 1911, page 2032) 
Election October 10, 1911. Adopted. Yes, 178,115: No, 
53,755. 

Article VI, Section 4J/ 2 . 
(Statutes of 1911, page 1798) 
Election October 10, 1911. Adopted. Yes, 158,549; No, 
53,988. 

Article XX, Section 21. 
(Statutes of 1911, page 2179) 
Election October 10, 1911. Adopted. Yes, 147,567; No, 
65,255. 

Article XX, Section 16. 
(Statutes of 1911, page 2167) 
Election October 10, 1911. Adopted. Yes, 133,747; No, 
60,131. 



SUMMARY OF AMENDMENTS. 253 

Article XII, Section 23. 
(Statutes of 1911, page 2164) 
Election October 10, 1911. Adopted. Yes, 140,146; No, 

72,283. 

Article XI, Section 8/ 2 - 
(Statutes of 1911, page 2166) 
Election October 10, 1911. Adopted. Yes, 132,634; No, 
64.790. 

Article XI, Section 19. 
(Statutes of 1911, page 2180) 
Election October 10, 1911. Adopted. Yes, 133,411; No. 
64.221. 

Article IX, Section 7. 
(Statutes of 1911, page 2180) 
Election October 10, 1911. Adopted. Yes, 168,010; No, 
43,943. 

Article XII, Section 22. 
(Statutes of 1911, page 2048) 
Election October 10, 1911. Adopted. Yes, 133,746; No, 
76,240. 

Article XX, Section 13. 
(Statutes of 1911, page 2046) 
Election October 10, 1911. Adopted. Yes, 137,156; No, 
59,042. 

Article VI, Sections 1, 5, 11, 15. 
(Statutes of 1911, page 2161) 
Election October 10, 1911. Adopted. Yes, 104,105; No. 
06,293. 

Article XII, Section 19. 
(Statutes of 1911, page 2181) 
Proposing an amendment relating to issuing of passes to pub- 
lic officials. 

Election October 10, 1911. Rejected. Yes, 100,014; No, 
106,146. 

Article VI, Sections 14, 21. 
^Statutes of 1911, page 2162) 
Election October 10, 1911. Adopted. Yes, 122,751; Xo. 
79,284. 

Article IV, Section 18. 
(Statutes of 1911, page 2182) 
Election October Uk 1911. Adopted. Yes, 157.596; Xo, 
49,345. 



254 SUMMARY OF AMENDMENTS. 

Article XIII, Section 1"/ 4 . 
(Statutes of 1911, page 2163) 
Election October 10, 1911. Adopted. Yes, 106,554; No, 
96,891. 

Article XII, Sections 20, 21. 
(Statutes of 1911, page 2047) 
Election October 10, 1911. Adopted. Yes, 144,205; No. 
63,380. 

Article IX, Section 7. 
(Statutes of 1911, extra session, page 413) 
Election November 5, 1912. Adopted. Yes, 343,443 ; No, 
171,486. 

Article XI, Section 16i/ 2 . 
(Statutes of 1911, extra session, page 252) 
Election November 5, 1912. Adopted. Yes, 307,199; No, 
128,411. 

Article XI, Section 7. 
Initiative measure proposing an amendment relating to the 
formation of consolidated city and county governments, etc. 

Election November 5, 1912. Rejected. Yes, 174,076; No, 
280,465. 

Article XIII, Section 8J/ 2 . 
Initiative measure proposing an amendment relating to taxa- 
tion by counties, cities and counties, cities, towns, districts and 
townships, etc. 

Election November 5, 1912. Rejected. Yes, 169,321 ; No, 
243,959. 

Constitutional Convention. 
(Statutes of 1913, page 1714) 
Proposition for calling of convention to revise Constitution. 
Election November 8, 1914. Rejected. Yes, 180,111 ; No, 
442,687. 

Article I, Sections 26, 27. 
Initiative measure proposing two new sections prohibiting the 
manufacture, sale, gift, or transportation wholly within the 
State, of intoxicating liquor ; permitting any citizen to enjoin 
violations, making the showing that the manufacture, use, sale, 
gift or transportation was for medicinal, scientific, mechanical or 
sacramental purposes, a defense to civil and criminal actions and 
requiring regulation by law of such acts for said purposes ; pro- 
hibiting transportation into this State of intoxicating liquor, un- 
less shown to be for such purposes. 

Election November 3. 19U f . Rejected. Yes, 355,536; No. 
524,781. 



SUMMARY OF AMENDMENTS. 255 

Article I, Section 26a. 

Initiative measure to suspend prohibition amendment if lat- 
ter should be adopted. 

Election November 3, 1914- Adopted. Yes, 44S.64S ; No, 
226,688. 

Article II, Section 7. 

Initiative measure proposing an amendment providing that no 
elector may vote on question of incurring bonded indebtedness 
of State or political subdivision thereof, unless he is owner of 
property taxable for payment of such indebtedness and assessed 
to him on last assessment roll. 

Election November 3, 1914. Rejected. Yes, 312,193 ; No, 
337,951. 

Article IV, Section V/ 2 . 

Initiative measure proposing an amendment prohibiting for 
eight years after this election, State election on question of pro- 
hibiting or permitting transportation of intoxicating liquors and 
any election on question of prohibiting or permitting the manu- 
facture or sale thereof ; prohibiting State election or election 
under local option law or charter upon latter question within 
eight years of like election thereon ; declaring majority vote in 
each municipality or district at this election upon prohibition 
amendment to article I of Constitution, and at any statewide 
prohibition election hereafter, makes same license or non-license 
territory. 

Election November 3, 1914. Rejected. Yes, 355,394 : No, 
435,701. 

Article IV, Section 23a. 
(Statutes of 1913, page 1729) 

Proposing an amendment increasing the amount allowed for 
the total expense for officers, employees and attaches of assem- 
bly at any regular or biennial session of legislature from pres- 
ent amount of five hundred dollars per day to six hundred 
dollars per day; making no other change in operation of present 
section. 

Election November •?. 7.9///. Rejected. Yes. 87,315; No, 
494,272. 

Article IV, Section 31. 
(Statutes of 1913, page 174: 1 ,) 
Election Novembers, 1fU-' t . Adopted. Y<>. 349,684; No, 
185.168. 



256 SUMMARY OF AMENDMENTS. 

Article V, Section 20. 
(Statutes of 1913, page 1746) 
Election November 3, 1914- Adopted. Yes, 404,283; No, 
190,969. 

Article VI, Section 4a. 
(Statutes of 1913, page 1679) 
Proposing an amendment authorizing Governor to call extra 
sessions of district courts of appeal ; requiring such call when 
requested by Chief Justice of Supreme Court or presiding Jus- 
tice of District Court of Appeal ; providing that Governor, Chief 
Justice and Presiding Justice shall each select one of the three 
judges of such sessions from judges of any district court of 
appeal or superior court who shall serve without further com- 
pensation ; providing for assignment of causes thereto, jurisdic- 
tion thereof, and termination of such sessions. 

Election November 3, 1914. Rejected. Yes, 203,674; No, 
322,891. 

Article VI, Section 4/ 2 - 
(Statutes of 1913, page 1681) 
Election November 3, 1911,. Adopted. Yes, 378,237 ; No, 
182,073. 

Article XI, Section 6. 
(Statutes of 1913, page 1742) 
Election November 3, 191 J,. Adopted. Yes, 284,757 ; No, 
214,312. 

Article XI, Section 7/ 2 - 
(Statutes of 1913, page 1733) 
Election November 3, 1911,. Adopted. Yes, 261.219 ; No. 
225,530. 

Article XI, Section 8. 
(Statutes of 1913, page 1730) 
Election November 3, 1911,. Adopted. Yes, 285,338; No, 
226,679. 

Article XI, Section 8"/ 2 . 
Initiative measure proposing amendment authorizing char- 
tered cities to establish municipal courts and control appoint- 
ments, qualifications and tenure of municipal officers and em- 
ployes ; authorising cities exceeding 175,000 population to con- 
solidate under charter and to annex any contiguous territory, 
but only upon consent of such territory and of county from 
which such territory is taken ; prescribes procedure for consoli- 
dation and annexation. 

Election November 3, 1911,. Rejected. Yes, 248,112; No. 
318,224. 



SUMMARY OF AMENDMENTS. 257 

Article XI, Section 8!/ 2 . 
Election November 3, 191!,. Adopted. Yes, 293,019; No, 

2S7,1S5. 

Article XI, Section 13. 
(Statutes of 1913, page 1733) 
Election Novembers, 191 'i. Adopted. Yes, 335,047; No, 
216,865. 

Article XI, Section 13!/ 2 . 
(Statutes of 1913, page 1684) 
Election November 3, 1911,. Adopted. Yes, 306,195; No, 
206.479. 

Article XI, Section 16!/ 2 . 
Initiative measure proposing an amendment authorizing 
banks in which public moneys are deposited to furnish, as se- 
curity, bonds of districts within municipalities, or of a corpora- 
tion qualified to act as sole surety on bonds or undertakings, to 
an amount in value, or with a penalty, of at least ten per cent 
over amount of deposit ; provides that no deposit under section 
shall exceed at any time fifty per cent of paid up capital and 
surplus of depository bank. 

Election November 3, 191'/. Rejected. Yes, 236,573; No, 
324,55S. 

Article XI, Section 18. 
(Statutes of 1913, page 1706) 
Election November 3, 191.',. Adopted. Yes, 390,835; No, 
202,128. 

Article XI, Section 19. 
(Statutes of 1913, page 1707) 
Proposing an amendment authorizing any municipal corpora- 
tion to acquire and operate public utilities ; to grant franchises 
to operate same, under regulations prescribed by its organic law 
or otherwise by law ; but eliminating from present section pro- 
visions authorizing municipal government to regulate charges 
for services, under such franchises ; and authorizing municipal 
corporation to furnish the product or service of public utility 
operated by it to users beyond its limits, to other municipalities, 
and to inhabitants thereof without consent of such municipali- 
ties. 

Election Novembers, 191',. Rejected. Yes. 231,724; No, 
U7S129. 



258 SUMMARY OF AMENDMENTS. 

Article XI, Section 20. 

(Statutes of 1913, page 1704X 

Proposing an amendment authorizing State, county or muni- 
cipality to condemn neighboring property within its limits ad- 
ditional to that actually intended for proposed improvement ; 
declaring same taken for public use ; defining estate therein and 
manner of dealing therewith to further such improvement ; per- 
mitting county or municipality to condemn lands within ten 
miles beyond its boundaries for certain public purposes, with 
consent of other county or municipality if such lands lie 
therein ; requiring terms of condemnation, lease or disposal of 
such additional property to be prescribed by law. 

Election November S, Wl/j. Rejected. Yes, 259,192; No. 
307,155. 

Article XII, Section 23. 

(Statutes of 1913, page 1740) 
Election November 3, 1914. Adopted. Yes, 291,665 ; No, 
260,589. 

Article XII, Section 23a. 
(Statutes of 1913, page 1744) 
Election November 3, 1914. Adopted. Yes, 291,836; No, 
244,379. 

Article XIII, Section 1. 
(Statutes of 1913, page 1727) 
Election November 3, 1914- Adopted. Yes, 344,483 ; No. 
216,612. 

Article XIII, Section 1a. 
(Statutes of 1913, page 1684) 
Election November 3, 191',. Adopted. Yes, 331,599; No. 
293,721. 

Article XIII, Section 4. 
(Statutes of 1913, page 1689) 
Election November 3, 1914. Adopted. Yes, 359,176 ; No, 
30] ,969. 

Article XIII, Section 8J/ 2 . 
(Statutes of 1913, page 1728) 
Proposing amendment authorizing any county or municipality 
to exempt from taxation for local purposes in whole or in pari, 
any one or more of following classes of property ; improvements 
in, on, or over land; shipping; household furniture; livestock; 
merchandise ; machinery ; tools ; farming implements ; vehicles ; 



SUMMARY OF AMENDMENTS. 259 

other personal property except franchises ; providing that ordi- 
nance or resolution making such exemptions shall be subject 
to referendum: and requires that taxes upon property not ex- 
empt from taxation shall be uniform. 

Election November 3. 191.',. Rejected. Yes, 267,618; No, 
G75.634. 

Article XIII, Section 12. 

(Initiative measure) 
Election November 8, 191 J,. Adopted. Yes, 405,375; No. 

G74.4S7. 

Article XVIII, Section 2. 
(Statutes of 1913, page 1744) 

Proposing an amendment providing that delegates to consti- 
tutional conventions shall be nominated at non-partisan primary 
election as prescribed by Legislature, those receiving majority 
vote thereat being elected, otherwise two highest candidates 
(or more if tied) being only candidates at further election: 
authorizing Legislature to submit for adoption by electors other 
plans for selecting delegates ; providing that convention shall 
meet within nine months after election, and may submit new 
constitution or amendments or revisions of that existing, as 
nlternative propositions or otherwise. 

Election November 3. 191',. Rejected. Yes, 271.896; No. 
274,325. 

Article XX, Section 13. 
(Statutes of 1913, page 1729) 
Proposing an amendment declaring plurality of votes at any 
primary or election constitutes choice unless Constitution other- 
wise provides ; permitting charters framed under Constitution 
for counties or municipalities and general laws for other coun- 
ties and municipalities to provide otherwise, or for nomination 
or election, or both, of all or any portion of candidates at a pri- 
mary, or for preferential system of voting at any county or 
municipal primary or other election ; authorizing general laws 
providing preferential system of voting at any other primary. 
Election November 3. 191.',. Rejected. Yes. 240.600; No, 
204,265. 

Article XX, Section 17'/ 2 - 
(Statutes of 1913, page 174G) 
Election November 3. 191',. Adopt* d. Yes, 379,311; N<>. 
295,109. 



MAGNA CHARTA. 

[June 15, A. D. 1215] 



From "Select Charters and other Illustrations of English Con ' 
stitutional History," by William M. Stubbs, M.A., Regius Pro- 
fessor of Modern History. 



Johannes Dei gratia rex Angliae, dominus Hyberniae, dux 
Normanniae et Aquitanniae, comes Andegaviae, archiepiscopis, 
episcopis, abbatibus, comitibus, baronibus, justiciariis, forestariis, 
vicecomitibus, praepositis, ministris et omnibus ballivis et fideli- 
bus suis salutem. Sciatis nos intuitu Dei tt pro salute animae 
nostrae et omnium antecessorum et haeredum nostrorum, ad 
honorem Dei et exaltationem sanctae ecclesiae, et emendationem 
regni nostri, per consilium venerabilium patrum nostrorum, 
Stephani Cantuariensis archiepiscopi totius Angliae primatis et 
sanctae Romanae ecclesiae cardinalis, Henrici Dublinensis arch- 
iepiscopi, Willelmi Londoniensis, Petri Wintoniensis, Joscelini 
Bathoniensis et Glastoniensis, Hugonis Lincolniensis, Walteri 
Wygornensis, Willelmi Coventrensis, et Benedicti Roffensis epi- 
scoporum ; magistri Pandulfi domini papas subdiaconi et fami- 
liaris, fratris Eymerici magistri militiae templi in Anglia ; et 
nobilium virorum Willelmi Mariscalli comitis Penbrok, Willelmi 
comitis Saresberiae, Willelmi comitis Warenniae, Willelmi comi- 
tis Arundelliae, Alani de Galweya constabularii Scottiae, Warini 
filii Geroldi, Petri filii Hereberti, Huberti de Burgo senescalli 
Pictaviae, Hugonis de Ne villa, Mathei filii Hereberti, Thomae 
Basset, Alani Basset, Philippi de Albiniaco, Roberti de Roppelay, 
Johannis Mariscalli, Johannis filii Hugonis et aliorum fidelium 
nostrorum ; 

1. In primis concessisse Deo et hac praesenti carta nostra con- 
firmasse, pro nobis et haeredibus nostris in perpetuum, quod 
Anglicana ecclesia libera sit, et habeat jura sua integra, et liber- 
tates suas illaesas ; et ita volumus observari : quod apparet ex eo 
quod libertatem electionum, quae maxima et magis necessaria 
reputatur ecclesiae Anglicanae, mera et spontaneo voluntate, ante 



MAGNA CHARTA. 



'he Great Charter of English Liberty, Granted by King John at 
Runnymede, June 15, A. D. 1215. 



From "Select Historical Documents of the Middle Ages," as 
J translated from "Stubbs's Charters" by Ernest F. Hendei-son, 
A.B. (Trinity College, Conn.), A.M. (Harvard), Ph.D. (Berlin). 



John, by the grace of God king of England, lord of Ireland, 
duke of Normandy and Aquitaine, count of Anjou : to the arch- 
bishops, bishops, abbots, earls, barons, justices, foresters, sheriffs, 
prevosts, serving men, and to all his bailiffs and faithful subjects, 
greeting. Know that we, by the will of God and for the safety of 
our soul, and of the souls of all our predecessors and our heirs, to 
the honour of God and for the exalting of the holy church and the 
bettering of our realm : by the counsel of our venerable fathers 
Stephen archbishop of Canterbury, primate of all England and 
cardinal of the holy Roman church ; of Henry archbishop of 
Dublin ; of the bishops William of London, Peter of Winchester, 
Jocelin of Bath and Glastonbury, Hugo of Lincoln, Walter of 
Worcester, William of Coventry and Benedict of Rochester; of 
master Pandulf, subdeacon and of the household of the lord pope ; 
of brother Aymeric, master of the knights of the Temple in 
England : and of the noble men, William Marshall earl of Pem- 
broke, William earl of Salisbury, William earl of Warren, William 
earl of Arundel, Alan de Galway constable of Scotland, Warin 
son of Gerold, Peter son of Herbert, Hubert de Burgh seneschal 
of Poictiers, Hugo de Neville, Matthew son of Herbert, Thomas 
Basset, Alan Basset, Philip d'Aubigni, Robert de Roppelay, John 
Marshall, John son of Hugo, and others of our faithful subjects : 

1. First of all have granted to God, and, for us and for our 
heirs forever, have confirmed, by this our present charter, that 
the English church shall be free and shall have its rights intact 
and its liberties uninfringed upon. And thus we will that it be 
observed. As is apparent from the fact that we, spontaneously 
and of our own free will, before discord broke out between our- 



262 MAGNA CHAETA. 

discordiani inter nos et barones nostros mctam, concessimus et 
carta nostra confirrnavimus, et earn optinuimus a domino papa 
Innocentio tertio confirmari ; quam et nos observabimus et ab 
haeredibus nostris in perpetuum bona fide volumus observari. 
Concessimus etiam omnibus liberis hominibus regni nostri, pro 
nobis et haeredibus nostris in perpetuum, omnes libertates sub- 
scriptas, habendas et tenendas, eis et haeredibus suis, de nobis et 
haeredibus nostris ; 

2. Si quis comitum vel baronum nostrorum, sive aliorum 
tenentium de nobis in capite per servitium militare, mortuns 
fuerit, et cum decesserit haeres suus plenae aetatis fuerit et 
relevium debeat, habeat haereditatem suam per antiquum rele- 
vium ; scilicet haeres vel haeredes comitis de baronia comitis 
integra per centum libras ; haeres vel haeredes baronis de baronia 
integra per centum libras ; haeres vel haeredes militis de feodo 
militis integro per centum solidos ad plus ; et qui minus debuerit 
minus det secundum antiquam consuetudinem feodorum. 

3. Si autem haeres alicujus talium fuerit infra aetatem et 
fuerit in custodia, cum ad aetatem pervenerit, habeat haeredi- 
tatem suam sine relevio et sine fine. 

4. Custos terrae hujusinodi haeredis qui infra aetatem fuerit, 
non capiat de terra haeredis nisi rationabiles exitus, et rationa- 
biles consuetudines, et rationabilia servitia, et hoc sine destruc- 
tione et vasto hominum vel rerum ; et si nos commiserimus 
custodiam alicujus talis terrae vicecomiti vel alicui alii qui de 
exitibus illius nobis respondere debeat, et ille destructionem de 
custodia fecerit vel vastum, nos ab illo capiemus emendam, et 
terra committatur duobus legalibus et discretis hominibus de 
feodo illo, qui de exitibus respondeant nobis vel ei cui eos assign- 
verimus ; et si dederimus vel vendiderimus alicui custodiam 
alicujus talis terrae, et ille destructionem inde fecerit vel vastum, 
amittat ipsam custodiam, et tradatur duobus legalibus et discretis 
hominibus de feodo illo qui similiter nobis respondeant sicut 
praedictum est. 

5. Custos autem, quamdiu custodiam terrae habuerit, sustentet 
domos, parcos, vivaria, stagna, molendina, et cetera ad terram 
illam pertinentia, de exitibus terrae ejusdem ; et reddat haeredi, 
cum ad plenam aetatem pervenerit, terram suam totam instaura- 
tam de carrucis et wainnagiis secundum quod tempus wainnagii 
exiget et exitus terrae rationabiliter poterunt sustinere. 



MAGNA CHAETA. 263 

selves and our barons, did grant and by our charter confirm — 
and did cause the lord pope Innocent III. to confirm — freedom of 
elections, which is considered most important and most necessary 
to the church of England. Which charter both we ourselves 
shall observe, and we will that it be observed with good faith by 
our heirs forever. We have also granted to all free men of our 
realm, on the part of ourselves and our heirs forever, all the sub- 
joined liberties, to have and to hold, to them and to their heirs, 
from us and from our heirs : 

2. If any one of our earls or barons, or of others holding from 
us in chief through military service, shall die ; and if, at the time 
of his death, his heir be of full age and owe a relief : he shall 
have his inheritance by paying the old relief ; — the heir, namely, 
or the heirs of an earl, by paying one hundred pounds for the 
whole barony of an earl ; the heir or heirs of a baron, by paying 
one hundred pounds for the whole barony ; the heir or heirs of a 
knight, by paying one hundred shillings at most for a whole 
knight's fee ; and he who shall owe less shall give less, according 
to the ancient custom of fees. 

3. But if the heir of any of the above persons shall be under 
age and in wardship, — when he comes of age he shall have his 
inheritance without relief and without fine. 

4. The administrator of the land of such heir who shall be 
under age shall take none but reasonable issues from the land of 
the heir, and reasonable customs and services ; and this without 
destruction and waste of men or goods. And if we shall have 
committed the custody of any such land to the sheriff or to any 
other man who ought to be responsible to us for the issues of it, 
and he cause destruction or waste to what is in his charge : we will 
fine him, and the land shall be handed over to two lawful and 
discreet men of that fee who shall answer to us, or to him to whom 
we shall have referred them, regarding those issues. And if we 
shall have given or sold to any one the custody of any such land, 
and he shall have caused destruction or waste to it, — he shall lose 
that custody, and it shall be given to two lawful and discreet men 
of that fee, who likewise shall answer to us, as has been explained. 

The administrator, moreover, so long as he may have the 
custody of the land, shall keep in order, from the issues of that 
land, the houses, parks, warrens, lakes, mills, and other things 
pertaining to it. And he shall restore to the heir when he comes 
to full age, his whole land stocked with ploughs and wainnages, 
according as the time of the wainnage requires and the issues of 
the land will reasonably permit. 



204 MAGNA CIIARTA. 

6. Haeredes maritentur absque disparagatione, ita tamen quod, 
autequam contrakatur inatrimonium, ostendatur propinquis de 
consanguinitate ipsius haeredis. 

7. Vidua post mortem mariti sui statim et sine difficultate 
habeat maritagium et haereditatem suam, nee aliquid det pro 
dote sua, vel pro maritagio suo, vel haereditate sua quam haeredi- 
tatem maritus suus et ipsa tenuerint die obitus ipsius mariti, et 
maneat in domo mariti sui per quadraginta dies post moftem 
ipsius infra quos assignetur ei dos sua. 

8. Nulla vidua distringatur ad se maritandum dum voluerit 
vivere sine marito, ita tamen quod securitatem faciat quod se 
non maritabit sine assensu nostro, si de nobis tenuerit, vel sine 
assensu domini sui de quo tenuerit, si de alio tenuerit. 

9. Nee nos nee ballivi nostri seisiemus terrain aliquam nee red- 
ditum pro debito aliquo, quamdiu catalla debitoris sufficiunt ad 
debitum reddendum ; nee pleggii ipsius debitoris distringantur 
quamdiu ipse capitalis debitor sumcit ad solutionem debiti ; et si 
capitalis debitor defecerit in solutione debiti, non habens unde 
solvat, pleggii respondeant de debito ; et, si voluerint, habeant 
terras et redditus debitoris donee sit eis satisfactum de debito 
quod ante pro eo solverint, nisi capitalis debitor monstraverit se 
esse quietum inde versus eosdem pleggios. 

10. Si quis mutuo ceperit aliquid a Judaeis, plus vel minus, et 
moriatur antequam debitum ilium solvatur, debitum non usuret 
quamdiu haeres fuerit infra aetatem, de quocumque teneat ; et si 
debitum illud inciderit in manus nostras, nos non capiemus nisi 
catallum contentum in carta. 

11. Et si quis moriatur, et debitum debeat Judaeis, uxor ejus 
habeat dotem suam, et nihil reddat de debito illo ; et si liberi 
ipsius defuncti qui fuerint infra aetatem remanserint, pro- 
videantur eis necessaria secundum tenementum quod fuerit 
defuncti, et de residuo solvatur debitum, salvo servitio domi- 
norum ; simili modo fiat de debitis quae debentur aliis quam 
Judaeis. 

12. Nullum scutagium vel auxilium ponatur in regno nostro, 
nisi per commune consilium regni nostri, nisi ad corpus nostrum 
redimendum, et primogenitum filium nostrum militem facien- 
dum, et ad filiam nostram primogenitam semel maritandam, et ad 
haec non fiat nisi rationabile auxilium : simili modo fiat de 
auxiliis de civitate Londoniarum. 



MAGNA CHARTA. 2(55 

6. Heirs may marry without disparagement : so, nevertheless, 

that, before the marriage is contracted, it shall be announced 
to the relations by blocd of the heir himself. 

7. A widow, after the death of her husband, shall straightway, 
and without difficulty, have her marriage portion and her inherit- 
ance, nor shall she give any thing in return for her dowry, her 
marriage portion, or the inheritance which belonged to her, and 
which she and her husband held on the day of the death of that 
husband. And she may remain in the house of her husband, 
after his death, for forty days : within which her dowry shall be 
paid over to her. 

8. No widow shall be forced to marry when she prefers to live 
without a husband ; so. however, that she gives security not to 
marry without our consent, if she hold from us, or the consent of 
the lord from whom she holds, if she hold from another. 

0. Neither we nor our bailiffs shall seize any revenue for any 
debt, so long as the chattels of the debtor suffice to pay the debt ; 
nor shall the sponsors of that debtor be distrained so long as that 
chief debtor has enough to pay the debt. But if the chief 
debtor fail in paying the debt, not having the wherewithal to 
pay it, the sponsors shall answer for the debt. And, if they 
shall wish, they may have the lands and revenues of the debtor 
until satisfaction shall have been given them for the debt pre- 
viously paid for him ; unless the chief debtor shall show that 
he is quit in that respect towards those same sponsors. 

10. If any one shall have taken any sum, great or small, as a 
loan from the Jews, and shall die before that debt is paid, — that 
debt shall not bear interest so long as the heir, from whomever 
he may hold, shall be ruder age. And if the debt fall into our 
hands, we shall take nothing save the chattel contained in the 
deed. 

11. And if any one dies owing a debt to the Jews, his wife 
shall have her dowry, and shall restore nothing of that debt. 
Hut if there shall remain children of that dead man, and they 
shall be under age. the necessaries shall he provided for them 
according to the nature of the dead man's holding: and. from 
the residue, the debl shall be paid, saving the service due to the 
lords. In like manner shall be dene concerning debts that are 
dee to others besides Jews. 

12. No scntage or aid shall he imposed in our realm unless by 
the common council of our realm : except for redeeming our body, 
and knighting our eldest son. and marrying once our eldest 
daughter. And for these purposes there shall only be given a 

12— 15736 



260 MAGNA CHARTA. 

13. Et civitas Londoniarum habeat omnes antiquas libertates 
et liberas consuetudines suas, tarn per terras, quam per aquas. 
Praeterea volumus et concedimus quod omnes aliae civitates, et 
burgi, et villae, et portus, habeant omnes libertates et liberas 
consuetudines suas. 

14. Et ad habendum commune consilium regni, de auxilio assi- 
dendo aliter quam in tribus casibus praedictis, vel de scutagio 
assidendo, summoneri faciemus arcbiepiscopos, episcopos, ab- 
bates, comites, et majores barones, sigillatim per litteras nostras ; 
et praeterea faciemus summoneri in generali, per vicecomites et 
ballivos nostros, omnes illos qui de nobis tenent in capite ; ad 
certum diem, scilicet ad terminum quadraginta dieruin ad minus, 
et ad certum locum ; et in omnibus litteris illius summonitionis 
causam summonitionis exprimemus ; et sic facta summonitione 
negotium ad diem assignatum procedat secundum consilium 
illorum qui praesentes fuerint, quamvis non omnes summoniti 
venerint. 

15. Nos non concedemus de cetero alicui quod capiat auxilium 
de liberis hominibus suis, nisi ad corpus suum rodinit"dum, et ad 
faciendum primogenitum filium suum militem, et ad primogoni- 
tam filiam suam semel maritandam, et ad haec non fiat nisi 
rationabile auxilium. 

16. Nullus distringatur ad faciendum majus servitium do 
feodo militis, nee de alio libero tenemento, quam inde debetur. 

17. Communia placita non sequantur curiam nostram sed 
teneantur in aliquo loco certo. 

18. Recognitiones de nova dissaisina, de morte antecessoris, et 
de ultima praesentatione, non capiantur nisi in suis comitatibus 
et hoc modo ; nos, vel si extra regnum fuerimus, capitalis jus- 
ticiarus noster, mittemus duos justiciaries per unumquemque 
comitatum per quatuor vices in anno, qui, cum quatuor militibus 
cujuslibet comitatus electis per comitatum, capiant in comitatu 
et in die et loco comitatus assisas praedictas. 

19. Et si in die comitatus assisae praedictae capi non possint, 
tot milites et libere tehentes remaneant de illis qui interfuerint 
comitatui die illo, per quos possint judicia suflicienter fieri, 
secundum quod negotium fuerit majus vel minus. 

20. Liber homo non amercietur pro parvo delicto, nisi secundum 
modum delicti ; et pro magno delicto amercietur secundum ma;- 
nitudinem delicti, salvo, contenemento suo ; et mercator eo'lem 



MAGNA CHAfiTA. 267 

.souable aid. In like manner shall be done concerning the 
aids of the city of London. 

13. And the city of London shall have all its old liberties and 
free customs as well by land as by water. Moreover we will and 
grant that all other cities and burroughs, and towns and ports, 
shall have all their liberties and free customs. 

14. And, in order to have the common council of the realm in 
the matter of assessing an aid otherwise than in the aforesaid 
cases, or of assessing a scutage, — we shall cause, under seal 
through our letters, the archbishops, bishops, abbots, earls, and 
greater barons to be summoned for a fixed day — for a term, 
namely, at least forty days distant, — and for a fixed place. And, 
moreover, we shall cause to be summoned in general, through 
our sheriffs and bailiffs, all those who hold of us in chief. And 
in all those letters of summons we shall express the cause of the 
summons. And when a summons has thus been made, the 
business shall be proceeded with on the day appointed accord- 
ing to the counsel of those who shall be present, even though 
not all shall come who were summoned. 

15. We will not allow any one henceforth to take an aid from 
his freemen save for the redemption of his body, and the knight- 
ing of his eldest son, and the marrying, once, of his eldest 
daughter ; and, for these purposes, there shall only be given a 
reasonable aid. 

16. No one shall be forced to do more service for a knight's 
fee, or for another free holding, than is due from it. 

17. Common pleas shall not follow our court but shall be held 
in a certain fixed place. 

18. Assizes of novel disseisin, of mort d'ancestor, and of dar- 
rein presentment shall not be held save in their own counties, 
and in this way : we, or our chief justice, if we shall be absent 
from the kingdom, shall send two justices through each county 
four times a year ; they, with four knights from each county, 
chosen by the county, shall hold the aforesaid assizes in the 
county, and on the day and at the place of the county court. 

19. And, if on the day of the county court the aforesaid assizes 
can not be held, a sufficient number of knights and free tenants, 
from those who were present at the county court on that day, 
shall remain, so that through them the judgments may be suit- 
ably given, according as the matter may have been great or small. 

20. A freeman shall only be amerced for a small offence 
According to the measure of that offence. And for a great 
offence he shall be amerced according to the magnitude of the 



268 MAGNA CHARTA. 

modo salva mercandisa sua ; et villanus eodem modo amercietur 
salvo wainnagio suo, si inciderint in misericordiam liostram ; et 
nulla praedictarum misericordiarum ponatui, nisi per sacramen- 
tum proborum hominum de visneto. 

21. Comites et barones non amercientur nisi per pares suos, et 
non nisi secundum modum delicti. 

22. Nullus clericus amercietur de laico tenemento suo, nisi 
secundum modum aliorum praedictorum, et non secundum quan- 
titatem beneficii sui ecclesiastici. 

23. Nee villa nee homo distringatur facere pontes ad riparias, 
nisi qui ab antiquo et de jure facere debent. 

24. Nullus vicecomes, constabularius, coronatores, vel alii bal- 
livi nostri, teneant placita coronae nostrae. 

25. Omnes comitatus, hundredi, wapentakii, et trethingii, sint 
ad antiquas firmas absque ullo incremento, exceptis dominicis 
maneriis nostris. 

26. Si aliquis tenens de nobis laicum feodum moriatur, et vice- 
comes vel ballivus noster ostendat litteras nostras patentes de 
summonitione nostra de debito quod defunctus nobis debuit, licear 
vicecomiti vel ballivo nostro attachiare et inbreviare catalla 
defuncti inventa in laico feodo, ad valentiam illius debiti, per 
visum legalium hominum, ita tamen quod nihil inde amoveatur, 
donee persolvatur nobis debitum quod clarum fuerit ; et residuum 
relinquatur executoribus ad faciendum testamentum defuncti ; et, 
si nihil nobis debeatur ab ipso, omnia catalla cedant defuncto, 
salvis uxori ipsius et pueris rationabilibus partibus suis. 

27. Si aliquis liber homo intestatus decesserit, catalla sua per 
manus propinquorum parentum et amicorum suorum, per visum 
ecclesiae distribuantur, salvis unicuique debitis quae defunctus ei 
debebat. 

28. Nullus constabularius, vel alius ballivus noster, capiat 
blada vel alia catalla alicujus, nisi statim inde reddat denarios, 
aut respectum inde habere possit de voluntate venditoris. 

29. Nullus constabularius distringat aliquem militem ad dan- 
dum denarios pro custodia castri, si facere voluerit custodiam 
illam in propria persona sra, vel per alium probum hominem, si 
ipse earn facere non possit propter rationabilem causam ; et si nos 
duxerimus vel miserimus eum in exercitum, erit quietus de cus- 



MAGNA CHABTA. 269 

offence, saving his con tenement.; and a merchant, in the same 
way. saving his merchandize. And a villein, in the same way, if 
be fall under our mercy, shall be amerced saving his wainnage. 

And none of the aforesaid tines shall he imposed save upon oath 
of upright men from the neighbourhood. 

21. Earls and barons shall not be amerced save through their 
peers, and only according to the measure of the offence. 

22. No clerk shall be amerced for his lay tenement except 
according to the manner of the other persons aforesaid ; and not 
according to the amount of his ecclesiastical benefice. 

23. Neither a town nor a man shall be forced to make bridges 
over the rivers, with the exception of those who, from of old and 
of right ought to do it. 

24. No sheriff, constable, coroners, or other bailiffs of ours 
shall hold the pleas of our crown. 

25. All counties, hundreds, wapentakes, and trithings — our 
demesne manors being excepted — shall continue according to the 
old farms, without any increase at all. 

26. If any one holding from us a lay fee shall die, and our 
sheriff or bailiff can show our letters patent containing our sum- 
mons for the debt which the dead man ow r ed to us, — our sheriff 
or bailiff may be allowed to attach and enroll the chattels of the 
dead man to the value of that debt, through view of lawful men ; 
in such way, however, that nothing shall be removed thence until 
the debt is paid which was plainly owed to us. And the residue 
shall be left to the executors that they may carry out the will of 
the dead man. And if nothing is owed to us by him, all the 
chattels shall go to the use prescribed by the deceased, saving 
their reasonable portions to his wife and children. 

27. If any freeman shall have died intestate his chattels shall 
be distributed through the hands of his near relatives and friends, 
by view of the church ; saving to any one the debts which the 
dead man owed him. 

28. No constable or other bailiff of ours shall take the corn or 
other chattels of any one except he straightway give money for 
them, or can be allowed a respite in that regard by the will of 
the seller. 

29. No constable shall force any knight to pay money for 
castleward if he be willing to perform that ward in person, or — 
he for a reasonable cause not being able to perform it himself — 
through another proper man. And if we shall have led or sent 
him on a military expedition, he shall be quit of ward according 



270 MAGNA CHARTA. 

todia, secundum quantitatem temporis quo per nos fuerit in 
exercitu. 

30. Nullus vicecomes, vel ballivus nosier, vel aliquis alius, 
capiat equos vel caretas alicujus liberi hominis pro cariagio 
faciendo, nisi de voluntate ipsius liberi hominis. 

31. Nee nos nee ballivi nostri capiemus alienum boscum ad 
castra, vel alia agenda nostra, nisi per voluntatem ipsius cujus 
boscus ille fuerit. 

32. Nos non tenebimus terras illorum qui convicti fuerint de 
felonia, nisi per unum annum et unum diem, et tunc reddantur 
terrae dominis feodorum. 

33. Omnes kydelli de cetero deponantur penitus de Thamisia, 
et de Medewaye, et per totam Angliam, nisi per costeram maris. 

34. Breve quod vocatur Praecipe de cetero non fiat alicui de 
aliquo tenemento unde liber homo amittere possit curiam suam. 

35. Una mensura vini sit per totum regnum nostrum, et una 
mensura cervisiae, et una mensura bladi, scilicet quarterium 
Londoniense, et una latitudo pannorum tinctorum et russettorum 
et halbergettorum, scilicet duae ulnae infra listas ; de ponderibus 
an tern sit ut de mensuris. 

36. Nihil detur vel capiatur de cetero pro brevi inquisitionis de 
vita vel membris, sed gratis ooncedatur et ron negetur. 

37. Si aliquis teneat de nobis per feodifirmam, vel per soka- 
gium, vel per burgagium, et de alio terrain teneat per servitium 
militare, nos non habebimus custodiam haeredis nee terrae suae 
quae est de feodo alterius, occasione illius feodifirmae, vel sokagii, 
vel burgagii ; nee habebimus custodiam illius feodifirmae, vel 
sokagii, vel burgagii, nisi ipsa feodifirma clebeat servitium mili- 
tare. Nos non habebimus custodiam haeredis vel terrae alicujus, 
quam tenet de alio per servitium militare, occasione alicujus 
parvae sergenteriae quam tenet de nobis per servitium reddendi 
nobis cultellos, vel sagittas, vel hujusmodi. 

38. Nullus ballivus ponat de cetero aliquem ad legem simplici 
loquela sua, sine testibus fidelibus ad hoc inductis. 

39. Nullus liber homo capiatur, vel imprisonetur, aut dis- 
saisiatur, aut utlagetur, aut exuletur, aut aliquo modo destrua- 
tur, nee super eum ibimus, nee super eum mittemus, nisi per 
legale judicium parium suorum vel per legem terrae. 



MAGNA CHABTA. 271 

to the amount of time during which, through us, he shall have 
been in military service. 

30. No sheriff nor bailiff of ours, nor any one else, shall take 
the horses or carts of any freeman for transport, unless by the 
will of that freeman. 

31. Neither we nor our bailiffs shall take another's wood for 
castles or for other private uses, unless by the will of him to 
whom the wood belongs. 

32. We shall not hold the lands of those convicted of felony 
longer than a year and a day ; and then the lands shall be re- 
stored to the lords of the fiefs. 

33. Henceforth all the weirs in the Thames and Medway, and 
throughout all England, save on the sea-coast, shall be done away 
with entirely. 

34. Henceforth the writ which is called Praecipe shall not be 
served on any one for any holding so as to cause a free man to 
lose his court. 

35. There shall be one measure of wine throughout our whole 
realm, and one measure of ale and one measure of corn — namely, 
the London quart ; — and one width of dyed and russet and 
hauberk cloths — namely, two ells below the selvage. And with 
weights, moreover, it shall be as with measures. 

36. Henceforth nothing shall be given or taken for a writ of 
inquest in a matter concerning life or limb ; but it shall be con- 
ceded gratis, and shall not be denied. 

37. If any one hold of us in fee-farm, or in socage, or in 
burkage, and hold land of another by military service, we shall 
not. by reason of that fee-farm, or socage, or burkage, have the 
wardship of his heir or of his land which is held in fee from 
another. Nor shall we have the wardship of that fee-farm, or 
socage, or burkage unless that fee-farm owe military service. We 
shall not, by reason of some petit-serjeanty which some one holds 
of us through the service of giving us knives or arrows or the 
like, have the wardship of his heir or of the land which he holds 
of another by military service. 

38. No bailiff, on his own simple assertion, shall henceforth 
put any one to his law. without producing faithful witnesses in 
evidence. 

39. No freeman shall be taken, or imprisoned, or disseized, or 
outlawed, or exiled, or in any way harmed — nor will we go upon 

end upon him — save by the lawful judgment of his peers or 
by the Jaw of the land. 



272 MAGNA CHABTA. 

40. Nulli vendemus, nulli negabimus, ant differemus, rectum 
aut justiciam. 

41. Omnes mercatores habeant salvum et securum exire de 
Anglia, et venire in Angliam, et morari et ire per Angliam, tarn 
per terram quam per aquam, ad emendum et vendendum, sine 
omnibus malis toltis, per antiquas et rectas consuetudines, prae- 
terquam in tempore gwerrae, et si sint de terra contra nos 
gwerrina ; et si tales inveniantur in terra nostra in principio 
gwerrae, attachientur sine dampno corporum et rerum, donee 
sciatur a nobis vel capitali justiciario nostro quomodo mercatores 
terrae nostrae tractentur, qui tunc invenientur in terra contra 
nos gwerrina ; et si nostri salvi sint ibi, alii salvi sint in terra 
nostra. 

42. Liceat unicuique de cetero exire de regno nostro, et redire, 
salvo et secure, per terram et per aquam, salva fide nostra, nisi 
tempore gwerrae per aliquod breve tempus, propter communem 
utilitatem regni, exceptis imprisonatis et utlagatis secundum 
legem regni, et gente de terra contra nos gwerrina, et mercator- 
ibus de quibus fiat sicut praedictum est. 

43. Si quis tenuerit de aliqua escaeta, sicut de honore Walinge- 
ford, Notingeham, Bononiae, Lainkastriae, vel de aliis eskaetis. 
quae sunt in manu nostra, et sunt baroniae, et obierit, haeres 
ejus non det aliud relevium, nee faciat nobis aliud servitium 
quam faceret baroni si baronia ilia esset in manu baronis ; et 
nos eodem modo earn tenebimus quo baro earn tenuit. 

44. Homines qui manent extra forestam non veniant de cetero 
coram justiciariis nostris de foresta per communes summon- 
itiones, nisi sint in placito, vel pleggii alicujus vel aliquorum, 
qui attachiati sint pro foresta. 

45. Nos non faciemus justiciaries, constabularies, vicecomites, 
vel ballivos, nisi de talibus qui scient legem regni et earn bene 
velint observare. 

46. Omnes barones qui fundaverunt abbatias, unde habent 
cartas regum Angliae, vel antiquam tenuram, habeant earum 
custodian cum vacaverint, sicut habere debent. 

47. Omnes forestae quae aforestatae sunt tempore nostro, 
statim deafforestentur ; et ita fiat de ripariis quae per nos tem- 
pore nostro positae sunt in defenso. 

48. Omnes malae consuetudines de forestis et warennis, et de 
forestariis et warennariis, vicecomitibus et eorum ministris, 
ripariis et earum custodibus, statim inquirantur in quolibet 



MAGNA CHABTA. 273 

40. To none will we" sell, to none deny or delay, right or 
justice. 

41. All merchants may safely and securely go out of England, 
and come into England, and delay and pass through England, as 

well by land as by water, for the purpose of buying and selling, 
free from all evil taxes, subject to the ancient and right customs 
— save in time of war. and if they are of the land at war against 
us. And if such be found in our land at the beginning of the 
war, they shall be held, without barm to their bodies and goods, 
until it shall be known to us or our chief justice how the mer- 
chants of our land are to be treated who shall, at that time, be 
found in the land at war against us. And if ours shall be 
safe there, the others shall be safe in our land. 

42. Henceforth any person, saving fealty to us, may go out of 
our realm and return to it, safely and securely, by land and by 
water, except perhaps for a brief period in time of war, for the 
common good of the realm. But prisoners and outlaws are 
excepted according to the law of the realm ; also people of a 
land at war against us, and the merchants, with regard to 
whom shall be done as we have said. 

43. If any one hold from any escheat — as from the honour of 
Wallingford, Nottingham, Boloin, Lancaster, or the other 
escheats which are in our hands and are baronies — and shall 
die, his heir shall not give another relief, nor shall he perform 
for us other service than he would perform for a baron if that 
barony were in the hand of a baron ; and we shall hold it in the 
same way in which the baron has held it. 

44. Persons dwelling without the forest shall not henceforth 
come before the forest justices, through common summonses, 
unless they are impleaded or are the sponsors of some person or 
persons attached for matters concerning the forest. 

45. We will not make men justices, constables, sheriffs, or 
bailiffs, unless they are such as know the law of the realm, and 
are minded to observe it rightly. 

4»;. All barons who have founded abbeys for which they have 
charters of the kings of England, or ancient right of tenure, shall 
have, as they ought to have, their custody when vacant. 

47. All fen sts constituted aa Buch in our time shall straight- 
way be annulled ; and the same shall be done for river banks 
made into places of defence by us in our time. 

48. All evil customs concerning forests and warrens, and con- 
cerning foresters and warrenera, sheriffs and their servants, river 
banks and their guardians, shall Btraightway be inquired into in 



274 MAGNA CHAETA. 

coraitatu per duorlecim milites juratos de eodem comitatu, qui 
debent eligi per probos homines ejusdein comitatus, et infra 
quadraginta dies post inquisitionem factam, penitus, ita quod 
numquam revocentur, deleantur per eosdeni, ita quod nos hoe 
sciamus prius, vel justiciaries noster, si in Anglia non fuerimus. 

49. Omnes obsides et cartas statim reddemus quae liberatae 
fuerunt nobis ab Anglicis in securitatem pacis vel fidelis servitii. 

50. Nos amovebimus penitus de balliis parentes Gerardi de 
Athyes, quod de cetero nullam habeant balliam in Anglia ; 
Engelardum de Cygoniis, Andream, Petrum et Gyonem de Can- 
cellis, Gyonem de Cygoniis, Galfridum de Martyni et f ratres ejus, 
Philippum Mark et fratres ejus, et Galfridum nepotem ejus, et 
totam sequelam eorumdem. 

51. Et statim post pacis reformationem amovebimus de regno 
omnes alienigenas milites, balistarios, servientes, stipendiaries, 
qui venerint cum equis et armis ad nocumentnm regni. 

52. Si quis fuerit disseisitus vel elongatus per nos sine legali 
judicio parium suorum, de terris, castallis, libertatibus, vel jure 
suo, statim ea ei restituemus ; et si contentio super hoc orta 
fuerit, tunc inde fiat per judicium viginti quinque baronum, de 
quibus fit mentio inferius in securitate pacis : de omnibus autem 
illis de quibus aliquis disseisitus fuerit vel elongatus sine legali 
judicio parium suorum, per Henricum regein patrem nostrum vel 
per Ricardum regem fratrem nostrum, quae in manu nostra 
habemus, vel quae alii tenent, quae nos oporteat warantizare, 
respectum habebimus usque ad communem terminum crucesigna- 
torum ; exceptis illis de quibus placitum motnm fuit vel inquisitio 
facta per praeceptum nostrum, ante susceptionem crucis nostrae : 
cum autem redierimus de peregrinatione nostra, vel si forte re- 
manserimus a peregrinatione nostra, statim inde plenam justi- 
ciam exhibebimus. 

53. Eundem autem respectum habebimus, et eodem modo, de 
justicia exhibenda de forestis deafforestandis vel remansuris 
forestis, quas Henricus pater noster vel Iticardus frater noster 
afforestaverunt, et de custodiis terrarum quae sunt de alieno feodo, 
cujusmodi custodias hucusque habuimus occasione feodi quod 
aliquis de nobis tenuit per servitium militare, et de abbatiis quae 
fundatae fuerint in feodo alterius quam nostro, in quibus dominus 
feodi dixerit se jus habere ; et cum redierimus, vel si remanseri- 



MAGNA CIIAETA. 275 

etch county, through twelve sworn knights from that county, 
ami shall be eradicated by them, entirely, so that they shall never 
be renewed, within forty days after the inquest has been made; 
in such manner that we shall first know about them, or our 
justice if we be not in England. 

49. We shall straightway return all hostages and charters 
which were delivered to us by Englishmen as a surety for peace 
or faithful service. 

50. We shall entirely remove from their bailiwicks the rela- 
tives of Gerard de Athyes, so that they shall henceforth have no 
bailiwick in England : Engelard de Cygnas, Andrew Peter and 
Gyon de Chanceles, Gyon de Cygnes, Geoffrey de Martin and his 
brothers, Philip Mark and his brothers, and Geoffrey his nephew, 
and the whole following of them. 

51. And straightway after peace is restored we shall remove 
from the realm all the foreign soldiers, crossbowmen, servants, 
hirelings, who may have come with horses L-nd arms to the harm 
of the realm. 

52. If any one shall have been disseized by us, or removed, with- 
out a legal sentence of his peers, from his lands, castles, liberties 
or lawful right, we shall straightway restore them to him. And 
if a dispute shall arise concerning this matter it shall be settled 
according to the judgment of the twenty-five barons who are 
mentioned below as sureties for the peace. But with regard to all 
those things of which any one was, by king Henry our father or 
king Richard our brother, disseized or dispossessed without legal 
judgment of his peers, which we have in our hand or which others 
hold, and for which we ought to give a guarantee : we shall have 
respite until the common term for crusaders. Except with regard 
to those concerning which a plea was moved, or an inquest made 
by our order, before we took the cross. But when we return from 
our pilgrimage, or if, by chance, we desist from our pilgrimage, 
we shall straightway then show full justice regarding them. 

53. We shall have the same respite, moreover, and in the same 
manner, in the matter of showing justice with regard to forests 
to be annulled and forests to remain, which Henry our father or 
Richard our brother constituted ; and in the matter of wardships 
of lands which belong to the fee of another — wardships of which 
kind we have hitherto enjoyed by reason of the fee which some 
(me held from us in military service : — and in the matter of abbeys 
founded in the fee of another than ourselves — in which the lord 
of the fee may say that he has jurisdiction. And when we return. 



27G MAGNA CHARTA. 

mus a peregrinatione nostra, super hiis couquerentibus plenam 
justiciam statim exhibebimus. 

54. Nullus capiatur nee imprisonetur propter appellum foerni- 
nae de morte alterius quam viri sui. 

55. Onines fines qui injuste et contra legem terrae facti sunt 
nobiscum, et omnia amerciamenta facta injuste et contra legem 
terrae, omnino condonentur, vel fiat inde p3r judicium viginti 
quinque baronum de quibus fit mentio inferius in securitate pacis, 
vel per judicium majoris partis eorumdem, una cum praedict^ 
Stephano Cantuariensi archiepiscopo, si interesse poterit, et aliis 
quos secum ad hoc vocare voluerit : et si interesse non poterit, 
nihilominus procedat negotium sine eo, ita quod, si aliquis vel 
aliqui de praedictis viginti quinque baronibus fuerint in simili 
querela, amoveantur quantum ad hoc judicium, et alii loco illorun. 
per residuos de eisdem viginti quinque, tantam ad hoc faciendum 
electi et jurati substituantur. 

56. Si nos dissaisivimus vel elongavimus Walenses de terris vel 
libertatibus vel rebus aliis, sine legali judicio parium suorum, in 
Anglia vel in Wallia, eis statim reddantur; et si contentio super 
hoc orta fuerit, tunc inde fiat in marchia per judicium parium 
suorum, de tenementis Angliae secundum legem Angliae, de 
tenementis Walliae secundum legem Walliae, de tenementis 
marchiae secundum legem marchiae. Idem facient Walenses 
nobis et nostris. 

57. De omnibus autem illis de quibus aliquis Walensium dis- 
saisitus fuerit vel elongatus sine legali judicio parium suorum, 
per Henricum regem patrem nostrum vel Ricardum regem 
fratrem nostrum, quae nos in manu nostra habemus, vel quae alii 
tenent quae nos oporteat warantizare, respectum habebimus usque 
ad communem terminum crucesignatorum, illis exceptis de quibus 
placitum motum fuit vel inquisitio facta per praeceptum nostrum 
ante susceptionem crucis nostrae : cum autem redierimus, vel si 
forte remanserimus a peregrinatione nostra, statim eis inde 
plenam justiciam exhibebimus, secundum leges Walensium et 
partes praedictas. 

58. Nos reddemus filium Lewelini statim, et omnes obsides de 
Wallia, et cartas quae nobis liberatae fuerunt in securitatem pacis. 

59. Nos faciemus Allexandro regi Scottorum de sororibus suis, 
et obsidibus reddendis, et libertatibus suis, et jure suo, secundum 



MAGNA CIIARTA. 2» i 

or if we desist from our pilgrimage, we shall straightway exhibit 
full justice to those complaining with regard to these matters. 

54. No on* 1 shall he taken or imprisoned on account of the 
appeal of a woman concerning the death of another than her 
husband. 

55. All tines imposed by us unjustly and contrary to the law 
of the laud, and all amerciaments made unjustly and contrary to 
the law of the land, shall be altogether remitted, or it shall be 
done with regard to them according to the judgment of the 
twenty-five barons mentioned below as sureties for the peace, or 
according to the judgment of the majority of them together with 
the aforesaid Stephen archbishop of Canterbury, if he can be 
present, and with others whom he may wish to associate with 
himself for this purpose. And if he can not be present, the affair 
shall nevertheless proceed without him ; in such way that, if one 
or more of the said twenty-five barons shall be concerned in a 
similar complaint, they shall be removed as to this particular 
decision, and, in their place, for this purpose alone, others shall 
be substituted who shall be chosen and sworn by the remainder 
of those twenty-five. 

56. If we have disseized or dispossessed Welshmen of their 
lauds or liberties or other things without legal judgment of their 
peers, in England or in Wales, — they shall straightway be re- 
stored to them. And if a dispute shall arise concerning this, then 
action shall be taken upon it in the March through judgment of 
their peers — concerning English holdings according to the law 
of England, concerning Welsh holdings according to the law of 
Wales, concerning holdings in the March according to the law 
of the March. The Welsh shall do likewise with regard to us 
and our subjects. 

57. But with regard to all those things of which any one of the 
Welsh was, by king Henry our father or king Richard our 
brother, disseized or dispossessed without legal judgment of his 
peers, which we have in our hand or which others hold, and for 
which we ought to give a guarantee : we shall have respite until 
the common term for crusaders. Except with regard to those 
concerning which a plea was moved, or an inquest made by our 
order, before we took the cross. But when w r e return from our 
pilgrimage, or if, by chance, we desist from our pilgrimage, we 
shall straightway then show full justice regarding them, accord- 
ing to the laws of Wales and the aforesaid districts. 

58. We shall straightway return the son ot Llewelin and all the 



278 MAGNA CHABTA. 

formam in qua faciemus aliis baronibns nostris Angliae, nisi 
aliter esse debeat per cartas quas babemus de Willelmo patre 
ipsius, quondam rege Scottorum ; et hoe erit per judicium par- 
ium suorum in curia nostra. 

GO. Omnes autem istas consuetudines praedictas et libertates 
quas nos concessimus in regno nostro tenendas quantum ad nos 
pertinet erga nostros, omnes de regno nostro, tarn clerici quam 
laici, observent quantum ad se pertinet erga suos. 

61. Cum autem pro Deo, et ad emendationem regni nostri, et ad 
melius sopiendum discordiam inter nos et barones nostros ortam, 
haec omnia praedicta concesserimus, volentes ea integra et firma 
stabilitate gaudere in perpetuum, facimus et concedimus eis 
securitatem subscriptam ; videlicet quod barones eligant viginti 
quinque barones de regno quos voluerint, qui debeant pro totis 
viribus suis observare, tenere, et facere observari, pacem et liber- 
tates quas eis concessimus, et hac praesenti carta nostra con- 
firmavimus, ita scilicet quod, si nos, vel justiciarius noster, vel 
ballivi nostri, vel aliquis de ministris nostris, in aliquo erga 
aliquem deliquerimus, vel aliquem articulorum pacis aut securi- 
tatis transgressi fuerimus, et delictum ostensum fuerit quatuor 
baronibus de praedictis viginti quinque baronibus, illi quatuor 
barones accedant ad nos vel ad justiciarium nostrum, si fuerimus 
extra regnum, proponentes nobis exessum : petent ut excessum 
ilium sine dilatione faciamus emendari. Et si nos excessum non 
emendaverimus, vel, si fuerimus extra regnum, justiciarius noster 
non emendaverit infra tempus quadraginta dierum computandum 
a tempore quo monstratum fuerit nobis vel justiciario nostro si 
extra regnum fuerimus, praedicti quatuor barones referant causam 
illam ad residuos de viginti quinque baronibus, et illi viginti 
quinque barones cum communa totius terrae distringent et grava 
bunt nos modis omnibus quibus poterunt, scilicet per captionem 
castrorum, terra rum, possessionum, et aliis modis quibus pot- 
erunt, donee fuerit emendatum secundum arbitrium eorum, salva 
persona nostra et reginae nostrae et liberorum nostrorum ; et 
cum fuerit emendatum intendent nobis sicut prius fecerunt. Et 
quicumque voluerit de terra juret quod ad praedicta omnia exse- 
quencla parebit mandatis praedictorum viginti quinque baronum, 
et quod gravabit nos pro posse suo cum ipsis, et nos publice et 
libere damus licentiam jurandi cuilibet qui jurare voluerit, et 
nulli umquam jurare prohibebimus. Omnes autem illos de terra 



MAGNA CHARTA. 279 

Welsh hostages, and the charters delivered to us as surely for 
the peace. 

."»!». We shall act towards Alexander king- of the Scots re- 
garding the restoration of his sisters, and his hostages, and his 
liberties and his lawful right, as we shall act towards our other 
barons of England ; unless it ought to be otherwise according 
to the charters which we hold from William, his father, the 
former king of the Scots. And this shall be done through judg- 
ment of his peers in our court. 

60. Moreover all the subjects of our realm, clergy as well as 
laity, shall, as far as pertains to them, observe, with regard to 
their vassals, all these aforesaid customs and liberties which 
we have decreed shall, as far as pertains to us, be observed in 
our realm with regard to our own. 

01. Inasmuch as, for the sake of God, and for the bettering of 
our realm, and for the more ready healing of the discord which 
has arisen between us and our barons, we have made all these 
aforesaid concessions, — wishing them to enjoy forever entire and 
firm stability, we make and grant to them the following security : 
that the barons, namely, may elect at their pleasure twenty-five 
barons from the realm, who ought, with all their strength, to 
observe, maintain and cause to be observed, the peace and privi- 
leges which we have granted to them and confirmed by this, our 
present charter. In such wise, namely, that if we, or our justice, 
or our bailiffs, or any one of our servants shall have transgressed 
against any one in any respect, or shall have broken some one of 
the articles of peace or security, and our transgression shall have 
been shown to four barons of the aforesaid twenty-five : those four 
barons shall come to us, or, if we are abroad, to our justice, 
showing to us our error; and they shall ask us to cause that 
error to be amended without delay. And if we do not amend 
that error, or, we being abroad, if our justice do not amend it 
within a term of forty days from the time when it was shown 
to us or. we being abroad, to our justice : the aforesaid four 
barons shall refer the matter to the remainder of the twenty- 
five barons, and those twenty-five barons, with the whole land in 
common, shall distrain and oppress us in every way in their 
power, — namely, by taking our castles, lands and possessions, 
and in every other way that they can, until amends shall have 
been made according to their judgment. Saving the persons of 
ourselves, our queen and our children. And when amends shall 
have been made they shall be in accord with us as they had been 



2S0 MAGNA CHART A. 

qui per se et sponte sua noluerint jurare viginti quinque baron- 
ibus, de distringendo et gravando nos cum eis, facieuius jurare 
eosdem de mandato nostro, sicut praedictum est. Et si aliquis 
de viginti quinque baronibus decesserit, vel a term recesserit, vel 
aliquo alio modo impeditus fuerit, quo minus ista praedicta 
possent exsequi, qui residui fuerint de praedictis viginti quinque 
baronibus eligant alium loco ipsius, pro arbitrio suo, qui simili 
modo erit juratus quo et ceteri. In omnibus autem quae istis 
viginti quinque baronibus committuntur exsequenda, si forte ipsi 
viginti quinque praesentes fuerint, et inter se super re aliqua 
discordaverint, vel aliqui ex eis summoniti nolint vel nequeant 
interesse, ratum babeatur et firmum quod major pars eorum qui 
praesentes fuerint providerit, vel praeceperit, ac si omnes viginti 
quinque in hoc consensissent ; et praedicti viginti quinque jurent 
quod omnia antedicta fideliter observabunt, et pro toto posse suo 
facient observari. Et nos nihil impetrabimus ab aliquo, per nos 
nee per alium, per quod aliqua istarum concessionum et liberta- 
tum revocetur vel minuatur ; et, si aliquid tale impetratum 
fuerit, irritum sit et inane et numquam eo utemur per nos nee 
per alium. 

G2. Et omnes malas voluntates, indignationes, et rancores, 
ortos inter nos et homines nostros, clericos et laicos, a tempore 
discordiae, plene omnibus remisimus et condonavimus. Praeterea 
omnes transgressiones factas occasione ejusdem discordiae, a 
Pascha anno regni nostri sextodecimo usque ad pacem refor- 
matam, plene remisimus omnibus, clericis et laicis, et quantum 
ad nos pertinet plene condonavimus. Et insuper fecimus eis 
fieri litteras testimoniales patentes domini Stephani Cantua- 
riensis archiepiscopi, domini Henrici Dublinensis archiepiscopi. 
et episcoporum praedictorum, et magistri Pandulfi, super secur- 
itate ista et concessionibus praefatis. 

63. Quare volumus et firmiter praecipimus quod Anglicana 
ecclesia libera sit et quod homines in regno nostro habeant et 
teneant omnes praefatas libertates, jura, et concessiones, bene et 
in pace, libere et quiete, plene et integre, sibi et haeredibus suis, 
de nobis et haeredibus nostris, in omnibus rebus et locis, in per- 
petuum, sicut praedictum est. Juratum est autem tarn es parte 
nostra quarn ex parte baronum, quod haec omnia supradicta bona 
fide et sine malo ingenio observabuntur. Testibus supradictis et 



MAGNA CHARTS. 2S1 

previously. And whoever of the land wishes to do so, shall 
swear that in carrying out all the aforesaid measures he will 
obey the mandates of the aforesaid twenty-five barons, and that, 
with them, he will oppress us to the extent of his power. And, 
to any one who wishes to do so, we publicly and freely give 
permission to swear ; and we will never prevent any one from 
swearing. Moreover, all those in the land who shall be unwill- 
ing, themselves and of their own accord, to swear to the twenty- 
five barons as to distraining and oppressing us with them : such 
ones we shall make to swear by our mandate, as has been said. 
And if any one of the twenty-five barons shall die, or leave the 
country, or in any other way be prevented from carrying out 
the aforesaid measures, — the remainder of the aforesaid twenty- 
five barons shall choose another in his place, according to their 
judgment, who shall be sworn in the same way as the others. 
Moreover, in all things entrusted to those twenty-five barons to 
be carried out, if those twenty-five shall be present and chance 
to disagree among themselves with regard to some matter, or if 
some of them, having been summoned, shall be unwilling or 
unable to be present : that which the majority of those present 
shall decide or decree shall be considered binding and valid, just 
as if all the twenty-five had consented to it. And the aforesaid 
twenty-five shall swear that they will faithfully observe all the 
foregoing, and will cause them to be observed to the extent of 
their power. And we shall obtain nothing from any one, either 
through ourselves or through another, by which any of those 
concessions and liberties may be revoked or diminished. And 
if any such thing shall have been obtained, it shall be vain and 
invalid, and we shall never make use of it either through our- 
selves or through another. 

62. And we have fully remitted to all, and pardoned, all the 
ill-will, anger and rancour wmich have arisen between us and 
our subjects, clergy and laity, from the time of the struggle, 
over we have fully remitted to all, clergy and laity, and — 
as far as pertains to us — have pardoned fully all the transgres- 
sions committed, on the occasion of that same struggle, from 
ter of the sixteenth yr-ar of our reign until the re-ostablish- 
ment of peace. In witness of which, moreover, we have caused 
to be drawn up for them letters patent of lord Stephen, arch- 
bishop of Canterbury, lord Henry, archbishop of Dublin, and 
the aforesaid bishops and master Pandulf, regarding that surety 
and the aforesaid concessions. 



282 MAGNA CHAETA. 

multis aliis. Data per manum nostram in prato quod vocatur 
Runingmede, inter Windelesorum et Stane^, quinto decimo die 
Junii, anno regni nostri septimo decimo. 

Matt. Paris, p. 262. Hi autem sunt xxv barones electi. 
Comes de Clare. 
Comes Albemarlae. 
Comes Gloverniae. 
Comes Wintoniensis. 
Comes Herefordensis. 
Comes Rogerus (Bigot). 
Comes Robertus (de Vere). 
Willelmus Marescallus, Junior. 
Robertus Filius Walteri, Senior. 
Gilbertus de Clare. 
Eustachius de Vesci. 
Hugo Bigod. 
Willelmus de Munbrai. 
Major de Lundoniis. 
Willelmus de Lanvalay. 
Robertus de Ros. 
Constabularius Cestriae. 
Ricardus de Perci. 
Johannes Filius Roberti. 
Willelmus Malet. 
Gaufridus de Say. 
Rogerus de Mumbezon. 
Willelmus de Huntingfeld. 
Ricardus de Muntfichet. 
Willelmus de Albineio. 



MAGNA CIIARTA. 28o 

G3. Wherefore we will and firmly decree that the English 
church shall be free, and that the subjects of our realm shall 
have and hold all the aforesaid liberties, rights and concessions 
duly and in peace, freely and quietly, fully and entirely, for 
themselves and their heirs, from us and our heirs, in all matters 
and in all places, forever, as has been said. Moreover it has 
been sworn, on our part as well as on ths part of the barons, 
that all these above mentioned provisions shall be observed with 
good faith and without evil intent. The witnesses being the 
above mentioned and many others. Given through our hand, in 
the plain called Runnimede, between Windsor and Stanes, on 
the fifteenth day of June, in the seventeenth year of our reign. 
* Earl of Clare. 

Earl of Albemarle. 

Earl of Gloucester. 

Earl of Winchester. 

Earl of Hereford. 

Earl Roger. 

Earl Robert. 

William Marshall the younger. 

Robert Fitz- Walter the elder. 

Gilbert de Clare. 

Eustace de Yescy. 

Hugh Bigod. 

William Mersbray. 

Mayor of London. 

Gilbert de Laval. 

Robert de Roos. 

Constable of Chester. 

Richard Percy. 

John Fitz-Robert. 

William Malet. 

Geoffrey de Say. 

r de Mowbray. 

William of Huntingfield. 

Richard de Montfichet. 

William de Albeney. 



* The translation of the names of the signers of the Magna 
Charta is taken from "Roger of Wendover's Flowers of History," 
Vol. II, page 323. 



DECLARATION OF RIGHTS. 

In Congress, at New York, October 19, 1765. 



The Congress, upon mature deliberation, agreed to the follow- 
ing declarations of the rights and grievances of the colonists in 
America : 

The members of this Congress, sincerely devoted, with the 
warmest sentiments of affection and duty, to his Majesty's per- 
son and government, inviolably attached to the present happy 
establishment of the Protestant succession, and with minds deeply 
impressed by a sense of the present and impendiug misfortunes 
of the British colonies on this continent ; having considered, as 
maturely as time will permit, the circumstances of the said col- 
onies, esteem it our indispensable duty to make the following 
declarations of our humble opinion respecting the most essential 
rights and liberties of the colonists and of the grievances under 
which they labor by reason of the several late acts of Parliament : 

1. That His Majesty's subjects in these colonies owe the same 
allegiance to the crown of Great Britain that is owing from his 
subjects born within the realm ; and all due subordination to 
that august body, the Parliament of Great Britain. - 

2. That His Majesty's liege subjects, in these colonies, are 
entitled to all the inherent rights and liberties of his natural- 
born subjects within the kingdom of Great Britain. 

3. That it is inseparably essential to the freedom of a people, 
and the undoubted right of Englishmen, that no taxes be imposed 
on them but with their own consent, given personally, or by their 
representatives. 

4. That the people of these colonies are not, and from their 
local circumstances can not be, represented in the House of 
Commons, in Great Britain. 

5. That the only representatives of the people of these colonies 
are persons chosen therein by themselves ; and that no taxes ever 
have been, or can be constitutionally imposed on them, but by 
their respective legislatures. 

6. That all supplies to the Crown, being the free gifts of the 
people, it is unreasonable and inconsistent with the principles 



DECLARATION OF RIGHTS. 2S5 

and spirit of the British constitution for the people of Great 
Britain to grant to His Majesty the property of the colonists. 

7. That trial by jury is the inherent and invaluable right of 
every British subject in these colonies. 

8. That the late act of Parliament, entitled "An act for grant- 
ing and applying certain stamp duties, and other duties in the 
British colonies and plantations, in America, etc.," by imposing 
taxes on the inhabitants of these colonies, and the said act, and 
several other acts, by extending the jurisdiction of the courts of 
admiralty beyond its ancient limits, have a manifest tendency to 
subvert the rights and liberties of the colonists. 

9. That the duties imposed by several late acts of Parliament, 
from the peculiar circumstances of these colonies, will be ex- 
tremely burthensome and grievous, and from the scarcity of 
specie, the payment of them absolutely impracticable. 

10. That as the profits of the trade of these colonies ultimately 
center in Great Britain, to pay for the manufactures which they 
are obliged to take from thence, they eventually contribute very 
largely to all supplies granted there to the Crown. 

11. That the restrictions imposed by several late acts of Par- 
liament on the trade of these colonies, will render them unable 
to purchase the manufactures of Great Britain. 

12. That the increase, prosperity, and happiness of these 
colonies depend on the full and free enjoyments of their rights 
and liberties, and an intercourse with Great Britain, mutually 
affectionate and advantageous. 

13. That it is the right of the British subjects in these colonies 
to petition the King, or either house of Parliament. 

Lastly, that it is the indispensable duty of these colonies, to 
the best of sovereigns, to the mother country, and to themselves, 
to endeavor by a loyal and dutiful address to His Majesty, and 
humble applications to both houses of Parliament, to procure the 
repeal of the act for granting and applying certain stamp duties, 
of all clauses of any other acts of Parliament, whereby the juris- 
diction of the admiralty is extended, as aforesaid, and of the 
other late acts for the restriction of American commerce. 



DECLARATION OF RIGHTS. 

In Congress, at Philadelphia, October 14, 1774. 



Whereas, Since the close of the last war, the British Parlia- 
ment, claiming a power of right to bind the people oi" America 
by statutes in all cases' whatsoever, hath, in some acts, expressly 
imposed taxes on them, and in others, under various pretenses, 
but in fact for the purpose of raising a revenue, hath imposed 
rates and duties payable in these colonies, established a board 
of commissioners with unconstitutional powers, and extended 
the jurisdiction of courts of admiralty, not only for collecting 
the said duties, but for the trial of causes merely arising within 
the body of a county. 

And Whereas, In consequence of other statutes, judges, who 
before held only estates at will in their offices, have been made 
dependent on the Crown alone for their salaries, and standing 
armies kept in times of peace. 

And Whereas, It has lately been resolved in Parliament, 
that by force of a statute, made in the thirty-fifth year of the 
reign of King Henry the Eighth, colonists may be transported 
to England, and tried there upon accusations for treasons and 
misprisions, or concealments of treasons committed in the col- 
onies, and by a late statute, such trials have been directed 
in cases therein mentioned 

And Whereas, In the last session of Parliament three statutes 
were made : one entitled "An act to discontinue, in such manner 
and for such time as are therein mentioned, the landing and dis- 
charging, lading or shipping of goods, wares and merchandise, at 
the town, and within the harbor of Boston, in the province of 
Massachusetts Bay, in North America" ; another, entitled "An 
act for the better regulating the government of the province of 
Massachusetts Bay, in New England" ; and another, entitled 
"An act for the impartial administration of justice, in the cases 
of persons questioned for any act done by them in the execution 
of the law, or for the suppression of riots and tumults, in the 
province of Massachusetts Bay, in New England" ; and another 
statute was then made, "for making more effectual provision for 
the government of the province of Quebec, etc." All which 
statutes are impolitic, unjust and cruel, as well as unconstitu- 
tional, and most dangerous and destructive of American rights. 



DECLARATION OF RIGHTS. 2S7 

And Whereas. Assemblies have been frequently dissolved, 
cunt vary to the rights of the people, when they attempted to 
deliberate on grievances: and their dutiful, humble, loyal, and 
reasonable petitions to the Crown for redress, have been repeat- 
edly treated with contempt by his Majesty's ministers of state : 

The good people of the several colonies of New Hampshire, 
Massachusetts Bay. Rhode Island and Providence Plantations, 
Connecticut. New York, New Jersey. Pennsylvania. New Castle, 
Kent and Sussex on Delaware. Maryland. Virginia. North Caro- 
lina, and South Carolina, justly alarmed at these arbitrary pro- 
ceedings of parliament and Administration, have severally 
elected, constituted, and appointed deputies to meet, and sit in 
general congress, in the city of Philadelphia, in order to obtain 
such establishment, as that their religion, laws, and liberties may 
not be subverted. Whereupon, the deputies so appointed being 
now assembled, in a full and free representation of these col- 
onies, taking into their most serious consideration the best 
means of attaining the ends aforesaid, do, in the first place, as 
Englishmen . their ancestors in like cases have usually done, for 
effecting md vindicating their rights and liberties, declare: 

T'i- the inhabitants of the English colonies in North America, 
r . he immutable laws of nature, the principles of the English 
iin* : .on, and the several charters or compacts, have the 
following picijts : 

Resolw i, 1. That they are entitled to life, liberty, and prop- 
• *v. ar.i they have never ceded to any sovereign power what- 
.. right to dispose of either without their consent. 

Resolved, 2. That our ancestors, who first settled these col- 
onies, were ai the time of their emigration from the mother 
country, entitled to all the rights, liberties, and immunities of 
free and natural-born subjects within the realm of England. 

Resolved, 3. That by such emigration they by no means 
forfeited, surrendered, or lost any of those rights, but that they 
were, and their descendants now are, entitled to the exercise 
and enjoyment of all such of them, as their local and other cir- 
cumstances enable them to exercise and enjoy. 

Resolved, 4. That the foundation of English liberty, and of all 
oment, is a right in the people to participate in their 
rive council: and as the English colonists are not repre- 
1. and from their local and other circumstances, can not 
erly be represented in the British Parliament, they are enti- 
tled to a free and exclusive power of legislation in their several 
provincial legislatures, where their right of representation can 



288 DECLARATION OF RIGHTS. 

alone be preserved, in all cases of taxation and internal polity, 
subject only to the negative of their sovereign, in such manner 
as has heretofore been used and accustomed. But, from the 
necessity of the case, and a regard to the mutual interest of both 
countries, we cheerfully consent to the operation of such acts of 
the British Parliament, as are bona fide, restrained to the regula- 
tion of our external commerce, for the purpose of securing the 
commercial advantages of the whole empire to the mother coun- 
try, and the commercial benefits of its respective members : 
excluding every idea of taxation, internal or external, for raising 
a revenue on the subjects in America, without their consent. 

Resolved, 5. That the respective colonies are entitled to the 
common law of England, and more especially to the great and 
inestimable privilege of being tried by their peers of the vicinage, 
according to the course of that law. 

Resolved, 6. That they are entitled to the benefit of such of 
the English statutes, as existed at the time of their colonization ; 
and which they have, by experience, respectively found to be 
applicable to their several local and other circumstances. 

Resolved, 7. That these, his Majesty's colonies, are likewise 
entitled to all the immunities and privileges granted and con- 
firmed to them by royal charters, or secured by their several 
codes of provincial laws. 

Resolved, 8. That they have a right peaceably to assemble, 
consider their grievances, and petition the King ; and that all 
prosecutions, prohibitory proclamations, and commitments for 
the same, are illegal. 

Resolved, 9. That the keeping a standing army in these colo- 
nies, in times of peace, without the consent of the legislature of 
that colony, in which such army is kept, is against law. 

Resolved, 10. It is indispensably necessary to good govern- 
ment, and rendered essential by the English constitution, that 
the constituent branches of the legislature be independent of each 
other ; that, therefore, the exercise of legislative power in several 
colonies, by a council appointed during the pleasure of the 
Crown, is unconstitutional, dangerous, and destructive to the 
freedom of American legislation. 

All, and each of which, the aforesaid deputies, in behalf of 
themselves, and their constituents, do claim, demand, and insist 
on, as their indubitable rights and liberties, which can not be 
legally taken from them, altered or abridged by any power what- 
ever, without their own consent, by their representatives in their 
several provincial legislatures. 



DECLARATION OF RIGHTS. 289 

Iii the course of our inquiry, we find many infringements and 
violations of the foregoing rights, which, from an ardent desire 
that harmony and mutual intercourse of affection and interest 
may be restored, we pass over for the present, and proceed to 
state such acts and measures as have been adopted since the late 
war, which demonstrate a system formed to enslave America. 

Resolved, That the following acts of Parliament are infringe- 
ments and violations of the rights of the colonists ; and that the 
repeal of them is essentially necessary in order to restore har- 
mouy between Great Britain and the American colonies, viz. : 

The several acts of 4 Geo. Ill ch. 15, and ch. 34.-5 Geo. Ill 
ch. 25.-6 Geo. Ill ch. 52.-7 Geo. Ill ch. 41, and ch. 46.-8 
Geo. Ill ch. 22, which impose duties for the purpose of raising 
a revenue in America, extend the power of the admiralty courts 
beyond their ancient limits, deprive the American subject of trial 
by jury, authorize the judges' certificate to indemnify the prose- 
cutor from damages, that he might otherwise be liable to, requir- 
ing oppressive security from a claimant of ships and goods seized, 
before he shall be allowed to defend his property, and are sub- 
versive of American rights. 

Also 12 Geo. Ill ch. 24, entitled "An act for the better secur- 
ing his Majesty's dock yards, magazines, ships, ammunition and 
stores," which declares a new offense in America, and deprives 
the American subject of a constitutional trial by jury of the 
vicinage, by authorizing the trial of any person, charged with the 
committing any offense described in the said act, out of the 
realm, to be indicted and tried for the same in any shire or 
county within the realm. 

Also the three acts passed in the last session of Parliament, 
for stopping the port and blocking up the harbor of Boston, for 
altering the charter and government of Massachusetts Bay and 
that which is entitled "An act for the better administration of 
justice," etc. 

Also the act, passed in the same session, for establishing the 
Roman Catholic religion in the province of Quebec, abolishing 
the equitable system of English laws, and erecting a tyranny 
there, to the great danger (from so total a dissimilarity of 
religion, law and government) of the neighboring British colo- 
nic, by the assistance of whose blood and treasure the said 
country was conquered from France. 

Also the act, passed in the same session, for the better provid- 
ing suitable quarters for officers and soldiers in his Majesty's 
service in North America. 
13—15730 



290 DECLARATION OF EIGHTS. 

Also, that the keeping a standing army in several of these 
colonies, in time of peace, without the consent of the legislature 
of that colony in which such army is kept, is against law. 

To these grievous acts and measures Americans can not sub- 
mit, but in hopes their fellow subjects in Great Britain will, on 
a revision of them, restore us to that state in which both coun- 
tries found happiness and prosperity, we have, for the present, 
only resolved to pursue the following peaceable measures : 

1. To enter into a non-importation, non-consumption, and non- 
exportation agreement or association. 

2. To prepare an address to the people of Great Britain, and 
a memorial to the inhabitants of British America. 

3. To prepare a loyal address to his Majesty, agreeable to 
resolutions already entered into. 



THE DECLARATION OF INDEPENDENCE 

(Adopted in Congress, July 4, 1776) 



When, in the course of human events, it becomes necessary for 
one people to dissolve the political bands which have connected 
them with another, and to assume, among the powers of the 
earth, the separate and equal station to which the laws of nature 
and of nature's God entitle them, a decent respect to the opinions 
of mankinl requires that they should declare the causes which 
impel them to the separation. 

We hold these truths to be self-evident : that all men are 
created equal ; that they are endowed by their Creator with cer- 
tain unalienable rights ; that among these are life, liberty, and 
the pursuit of happiness ; that, to secure these rights, govern- 
ments are instituted among men, deriving their just powers from 
the consent of the governed ; that, whenever any form of govern- 
ment becomes destructive of these ends, it is the right of the 
people to alter or to abolish it, and to institute a new govern- 
ment, laying its foundation on such principles, and organizing 
its powers in such form as to them shall seem most likely to 
effect their safety and happiness. Prudence, indeed, will dictate 
that governments long established should not be changed for light 
and transient causes ; and, accordingly, all experience hath shown 
that mankind are more disposed to suffer, while evils are suffer- 
able, than to right themselves by abolishing the forms to which 
they are accustomed. But when a long train of abuses and 
usurpations, pursuing invariably the same object, evinces a 
design to reduce them under absolute despotism, it is their right, 
it is their duty, to throw off such government, and to provide 
new guards for their future security. Such has been the patient 
sufferance of these colonies, and such is now the necessity which 
< onstrains them to alter their former systems of government. 
The history of the present King of Great Britain is a history of 
repeated injuries and usurpations, all haying in direct object the 
establishment of an absolute tyranny over these states. To prove 
this, let facts be submitted to a candid world : 

1. He has refused his assent to laws the most wholesome and 
necessary for the public good. 



292 DECLARATION OF INDEPENDENCE. 

2. He has forbidden his governors to pass laws of immediate 
and pressing importance, unless suspended in their operation till 
his assent should be obtained ; and when so suspended, he has 
utterly neglected to attend to them. 

3. He has refused to pass other laws for the accommodation Of 
large districts of people, unless those people would relinquish 
the right of representation in the legislature — a right inestimable 
to them, and formidable to tyrants only. 

4. He has called together legislative bodies at places unusual, 
uncomfortable, and distant from the depository of their public 
records, for the sole purpose of fatiguing them into compliance 
with his measures. 

5. He has dissolved representative houses repeatedly for 
opposing, with manly firmness, his invasions on the rights of the 
people. 

6. He has refused, for a long time after such dissolutions, to 
cause others to be elected, whereby the legislative powers, inca- 
pable of annihilation, have returned to the people at large for 
their exercise ; the state remaining, in the meantime, exposed to 
all the dangers of invasion from without and convulsions 
within. 

7. He has endeavored to prevent the population of these 
states ; for that purpose obstructing the laws for naturalization 
of foreigners ; refusing to pass others to encourage their migra- 
tion hither, and raising the conditions of new appropriations of 
lands. 

8. He has obstructed the administration of justice by refusing 
his assent to laws for establishing judiciary powers. 

9. He has made judges dependent on his will alone for the 
tenure of their offices and the amount and payment of their 
salaries. 

10. He has erected a multitude of new offices, and sent hither 
swarms of officers to harass our people and eat out their sub- 
stance. 

11. He has kept among us, in times of peace, standing armies, 
without the consent of our legislatures. 

12. He has affected to render the military independent of, and 
superior to, the civil power. 

13. He has combined with others to subject us to a jurisdiction 
foreign to our constitution, and unacknowledged by our laws ; 
giving his assent to their acts of pretended legislation ; 

14. For quartering large bodies of armed troops among us ; 



DECLARATION OF INDEPENDENCE. 293 

lo. For protecting them, by a nioek trial, from punishment 
for any murders which they should commit on the inhabitants 
of these states ; 

10. For cutting off our trade with all parts of the world ; 

17. For imposing taxes on us without our consent ; 

18. For depriving us, in many cases, of the benefits of trial 
by jury; 

19. For transporting us beyond seas to be tried for pretended 
offenses ; 

20. For abolishing the free system of English laws in a neigh- 
boring province, establishing therein an arbitrary government, 
and enlarging its boundaries, so as to render it at once an 
example and fit instrument for introducing the same absolute 
rule into these colonies ; 

21. For taking away our charters, abolishing our most val- 
uable laws, and altering, fundamentally, the forms of our 
governments ; 

22. For suspending our own legislatures, and declaring them- 
selves invested with power to legislate for us in all cases what- 
soever. 

23. He has abdicated government here by declaring us out of 
his protection, and waging war against us. 

24. He has plundered our seas, ravaged our coasts, burned our 
towns, and destroyed the lives of our people. 

25. He is at this time transporting large armies of foreign 
mercenaries to complete the works of death, desolation, and 
tyranny, already begun, with circumstances of cruelty and per- 
fidy scarcely paralleled in the most barbarous ages, and totally 
unworthy the head of a civilized nation. 

26. He has constrained our fellow citizens, taken captive on 
the high seas, to bear arms against their country, to become the 
executioners of their friends and brethren, or to fall themselves 
by their hands. 

27. He has excited domestic insurrections among us, and has 
endeavored to bring on the inhabitants of our frontiers the 
merciless Indian savages, whose known rule of warfare is an 
undistinguished destruction of all ages, sexes, and conditions. 

In every stage of these oppressions we have petitioned for 
redress in the most humble terms ; our repeated petitions have 
been answered only by repeated injury. A prince whose char- 
acter is thus marked by every act which may define a tyrant, 
is unfit to be the ruler of a free people. 



294 DECLARATION OF INDEPENDENCE. 

Nor have we been wanting in attentions to our British 
brethren. We have warned them, from time to time, of 
attempts, by their legislature, to extend an unwarrantable jur- 
isdiction over us. We have reminded them of the circumstances 
of our emigration and settlement here. We have appealed to 
their native justice and magnanimity, and we have conjured 
them, by the ties of our common kindred, to disavow these 
usurpations, which would inevitably interrupt our connections 
and correspondence. They, too, have been deaf to the voice of 
justice and of consanguinity. We must, therefore, acquiesce in 
the necessity which denounces our separation, and hold them 
as we hold the rest of mankind — enemies in war ; in peace, 
friends. 

We, therefore, the representatives of the United States of 
America, in General Congress assembled, appealing to the 
Supreme Judge of the world for the rectitude of our intentions, 
do, in the name and by the authority of the good people of 
these colonies, solemnly publish and declare that these united 
colonies are, and of right ought to be, free and independent 
states ; that they are absolved from all allegiance to the British 
crown, and that all political connection between them and the 
state of Great Britain is, and ought to be, totally dissolved ; and 
that, as free and independent states, they have full power to 
levy war, conclude peace, contract alliances, establish commerce, 
and to do all other acts and things which independent states 
may of right do. And for the support of this declaration, with 
a firm reliance on the protection of Divine Providence, we mut- 



DECLARATION OF INDEPENDENCE. 



295 



rally pledge to each other our 
sacred honor. 

Xcic Hampshire. 
Josiah Bartlett, 
William Whipple. 
Matthew Thoknton. 

Massachusetts Bay. 
Samuel Adams. 
John Adams. 
Robert Treat Paine, 
Eleridge Gerry. 

Xcw York. 
Willlam Floyd. 
Philip Livingston. 
Francis Lewis, 
Lewis Morris. 

Rhode Island. 
Stephen Hopkins. 
William Ellery. 

Connecticut. 
Roger Sherman. 
Samuel Huntington. 
William Williams. 
( )liver Wolcott. 

Pennsylvania. 
Robert Morris. 
Benjamin Rush. 
Benjamin Franklin. 
John Morton, 
George Clymer. 
James Smith. 
George Taylor. 
James Wilson. 
George B 

J)< In 
Caesab Rodney. 
George Read. 
Thomas M'Kean. 



lives, our fortunes, and our 

JOHN HANCOCK. 

Maryland. 
Samuel Chase. 
William Paca. 
Thomas Stone. 
Charles Carroll, of Car- 
rollton. 

New Jersey. 
Richard Stockton, 
John Witiierspoon. 
Francis Hopkinson, 
John Hart. 
Abraham Clark. 

Virginia. 
George Wythe. 
Richard Henry Lee. 
Thomas Jefferson. 
Benjamin Harrison. 
Thomas Nelson. Jun.. 
Francis Lightfoot Lee, 
Carter Braxton. 

North Carolina. 
William Hooper, 
Joseph Hewes, 
John Penn. 

South Carolina. 
Edward Rutledge. 
Thomas Heyward. Jun., 
Thomas Lynch. Jun.. 
Arthur Middleton. 

Georgia. 
Button Gwinnett. 
Lyman Hall, 
George Walton. 



ARTICLES OF CONFEDERATION.' 



To all to whom these presents shall come, we the undersigned 
delegates of the states affixed to our names, send greeting: 
Whereas, The delegates of the United States of America, in 
Congress assembled, did, on the 15th day of November, in the 
year of our Lord 1777, and in the second year of the Independ- 
ence of America, agree to certain Articles of Confederation and 
perpetual union between the states of New Hampshire, Massa- 
chusetts Bay, Rhode Island and Providence plantations, Con- 
necticut, New York, New Jersey, Pennsylvania, Delaware, 
Maryland, Virginia, North Carolina, South Carolina and Georgia, 
in the words following, viz. : 

Articles of Confederation and Perpetual Union Between 
the States of New Hampshire, Massachusetts Bay, 
Rhode Island and Providence Plantations, Connecti- 
cut, New York, New Jersey, Pennsylvania, Delaware, 
Maryland, Virginia, North Carolina, South Carolina 
and Georgia. 

Article I. The style of this Confederacy shall be "The 
United States of America." 

Art. II. Each state retains its sovereignty, freedom and in- 
dependence, and every power, jurisdiction and right which is not 
by this Confederation expressly delegated to the United States in 
Congress assembled. 

Art. III. The said states hereby severally enter into a firm 
league of friendship with each other for their common defense, 
the security of their liberties, and their mutual and general wel- 
fare, binding themselves to assist each other against all force 
offered to, or attacks made upon them, or any of them, on account 
of religion, sovereignty, trade, or any other pretense whatever. 

Art. IV. The better to secure and perpetuate mutual friend- 
ship and intercourse among the people of the different States of 
this Union, the free inhabitants of each of these states, paupers, 
vagabonds, and fugitives from justice excepted, shall be entitled 
to all privileges and immunities of free citizens in the several 
states ; and the people of each state shall have free ingress 
and regress to and from any other state, and shall enjoy therein 
all the privileges of trade and commerce, subject to the same 
duties, impositions and restrictions as the inhabitants thereof 



ARTICLES OF CONFEDERATION. 207 

respectively; provided, that such restrictions shall not extend so 
far as to prevent the removal of property imported into any 
state, to any other state of which the owner is an inhabitant ; 
provided also, that no imposition, duties or restriction shall be 
laid by any state on the property of the United States, or either 
of them. 

If any person guilty of or charged with treason, felony, or 
other high misdemeanor in any state, shall flee from justice, and 
be found in any of the United States, he shall, upon demand of 
the governor or executive power of the state from which he 
fled, be delivered up and removed to the state having jurisdic- 
tion of his offense. 

Full faith and credit shall be given in each of these states to 
the records, acts and judicial proceedings of the courts and 
magistrates of every other state. 

Art. V. For the more convenient management of the general 
interests of the United States, delegates shall be annually 
appointed, in such manner as the legislature of each state shall 
direct, to meet in Congress, on the first Monday in November 
in every year, with a power reserved to each state to recall its 
delegates, or any of them, at any time within the year, and 
to send others in their stead for the remainder of the year. 

No state shall be represented in Congress by less than two, 
nor by more than seven members ; and no person shall be 
capable of being a delegate for more than three years in any 
term of six years ; nor shall any person, being a delegate, be 
capable of holding any office under the United States, for which 
he, or another for his benefit, receives any salary, fees or emolu- 
ment of any kind. 

Each state shall maintain its own delegates in a meeting of 
the states, and while they act as members of the committee of 
the states. 

In determining questions in the United States, in Congress 
assembled each state shall have one vote. 

Freedom of speech and debate in Congress shall not be 
impeached or questioned in any court, or place out of Congress ; 
and the members of Congress shall be protected in their persons 
from arrests and imprisonments during tha time of their going 
to and from, and attendance on Congress, except for treason, 
felony, or breach of the peace. 

Art. VI. No state, without the consent of the United States, 
in Congress assembled, shall send any embassy to, or receive any 



298 ARTICLES OF CONFEDERATION. 

embassy from, or enter into any conference, agreement, alliance, 
or treaty with any king, prince, or state; nor shall any person 
holding any office of profit or trust under the United States, or 
any of them, accept of any present, emolument, office, or title of 
any kind whatever from any king, prince, or foreign state ; nor 
shall the United States in Congress assembled, or any of them, 
grant any title of nobility. 

No two or more states shall enter into any treaty, confedera- 
tion or alliance whatever between them, without the consent of 
the United States, in Congress assembled, specifying accurately 
the purposes for which the same is to be entered into, and how 
long it shall continue. 

No state shall lay any imposts or duties, which may interfere 
with any stipulations in treaties entered into by the United 
States, in Congress assembled, with any king, prince, or state, 
in pursuance of any treaties already proposed by Congress to 
the courts of France and Spain. 

No vessels of war shall be kept up in time of peace by any 
state, except such number only as shall be deemed necessary by 
the United States, in Congress assembled, for the defense of 
such state, or its trade ; nor shall any body of forces be kept 
up by any state, in time of peace, except such number only, as 
in the judgment of the United States, in Congress assembled, 
shall be deemed requisite to garrison the forts necessary for the 
defense of such state ; but every state shall always keep up a 
well regulated and disciplined militia, sufficiently armed and 
accoutered, and shall provide and have constantly ready for 
use, in public stores, a due number of field pieces and tents, 
and a proper quantity of arms, ammunition and cap equipage. 

No state shall engage in any war without the consent of the 
United States, in Congress assembled, unless such state be 
actually invaded by enemies, or shall have received certain 
advice of a resolution being formed by some nation of Indians 
to invade such state, and the danger is so imminent as not to 
admit of a delay till the United States, in Congress assembled, 
can be consulted. Nor shall any state grant commissions to any 
ships or vessels of war, nor letters of marque or reprisal, except 
it be after a declaration of war by the United States, in Con- 
gress assembled, and then only against the kingdom or state, 
and the subjects thereof, against which war has been so 
declared ; and under such regulations as shall be established by 
the United States, in Congress assembled ; unless such state 



ARTICLES OF CONFEDERATION. 299 

be infested by pirates, in which case vessels of war may be 
fitted out for that occasion, and kept so long as the danger shall 
continue, or until the United Slates, in Congress assembled, 
shall determine otherwise. 

Art. VII. When land forces are raised by any state for 
the common defense, all officers of or under the rank of colonel 
shall be appointed by the Legislature of each state, respectively, 
by whom such forces shall be raised, or in such manner as 
such state shall direct, and all vacancies shall be filled up by 
the state which first made the appointment. 

Art. VIII. All charges of war, and all other expenses that 
shall be incurred for the common defense or general welfare, 
and allowed by the United States, in Congress assembled, shall 
be defrayed out of the common treasury, which shall be supplied 
by the several states, in proportion to the value of all land 
within each state, granted to or surveyed for any person, as 
such land and the buildings and improvements thereon shall 
be estimated according to such mode as the United States, in 
Congress assembled, shall, from time to time, direct and appoint. 
The taxes for paying that proportion shall be laid and levied by 
the authority and direction of the legislatures of the several 
states, within the time agreed upon by the United States, in 
Congress assembled. 

Art. IX. The United States, in Congress assembled, shall 
have the sole and exclusive right and power of determining on 
peace and war, except in the cases mentioned in the sixth 
article; of sending and receiving ambassadors; entering into 
treaties and alliances; provided, that no treaty of commerce 
shall be made whereby the legislative power of the respective 
states shall be restrained from imposing such imposts and duties 
on foreigners, as their own people are subjected to, or from 
prohibiting the exportation or importation of any species of 
goods or commodities whatsoever ; of establishing rules for 
deciding, in all cases, what captures on land or water shall be 
legal, and in what manner prizes taken by land or naval forces 
in the service of the United States shall be divided or appro- 
priated ; of granting letters of marque and reprisal in times of 
peace ; appointing courts for the trial of piracies and felonies 
committed on the high seas, and establishing courts for receiving 
and determining finally appeals in all eases of captures; pro- 
vided, that no member of Congress shall be appointed a judge 
of any of the said courts. 



300 ARTICLES OF CONFEDERATION. 

The United States, in Congress assembled, shall also be the 
last resort on appeal in all disputes and differences now sub- 
sisting, or that hereafter may arise, between two or more 
states concerning boundary, jurisdiction, or any other cause 
whatever ; which authority shall always be exercised in the 
manner following : Whenever the legislative or executive author- 
ity, or lawful agent of any state in controversy with another, 
shall present a petition to Congress, stating the matter in ques- 
tion, and praying for a hearing, notice thereof shall be given, 
by order of Congress, to the legislative or executive authority 
of the other state in controversy, and a day assigned for the 
appearance of the parties by their lawful agents, who shall 
then be directed to appoint, by joint consent, commissioners or 
judges to constitute a court for hearing and determining the 
matter in question ; but if they cannot agree, Congress shall 
name three persons out of each of the United States, and from 
the list of such persons each party shall alternately strike out 
one, the petitioners beginning, until the number shall be reduced 
to thirteen ; and from that number not less than seven nor more 
than nine names, as Congress shall direct, shall, in the presence 
of Congress, be drawn out by lot, and the persons whose names 
shall be so drawn, or any five of them, shall be commissioners 
or judges to hear and finally determine the controversy, so 
always as a major part of the judges who shall hear the cause 
shall agree in the determination ; and if either party shall 
neglect to attend at the day appointed, without showing reasons, 
which Congress shall judge sufficient, or being present shall 
refuse to strike, the Congress shall proceed to nominate three 
persons out of each state, and the Secretary of Congress shall 
strike in behalf of such party absent or refusing ; and the judg- 
ment and sentence of the court to be appointed, in the manner 
before prescribed, shall be final and conclusive ; and if any of 
the parties shall refuse to submit to the authority of such court, 
or to appear or defend their claim or cause, the court shall, 
nevertheless, proceed to pronounce sentence or judgment, which 
shall in like manner be final and decisive, the judgment or sen' 
tence and other proceedings being in either case transmitted to 
Congress, and lodged among the acts of Congress for the security 
of the parties concerned ; provided,, that every commissioner, 
before he sits in judgment, shall take an oath, to be administered 
by one of the Judges of the Supreme or Superior Court of the 
state where the cause shall be tried, "well and truly to hear and 



ARTICLES OF CONFEDERATION. 301 

determine the matter in question, according to the best of his 
judgment, without favor, affection, or hope of reward" ; pro- 
vided, also, that no state shall be deprived of territory for the 
benefit of the United States. 

All controversies concerning the private right of soil claimed 
under different grants of two or more states, whose jurisdictions 
as they may respect such lands, and the states which passed 
such grants, are adjusted, the said grants, or either of them, 
being at the same time claimed to have originated antecedent to 
such settlement of jurisdiction, shall, on the petition of either 
party to the Congress of the United States, be finally determined 
as near as may be in the same manner as is before described 
for deciding disputes respecting territorial jurisdiction between 
different states. 

The United States, in Congress assembled, shall also have the 
sole and exclusive right and power of regulating the alloy and 
value of coin struck by their own authority, or by that of the 
respective states ; fixing the standard of weights and measures 
throughout the United States ; regulating the trade, and man- 
aging all affairs with the Indians, not members of any of the 
states ; provided, that the legislative right of any state, within 
its own limits, be not infringed or violated ; establishing and 
regulating post offices from one state to another, throughout all 
the United States, and exacting such postage on the papers 
passing through the same as may be requisite to defray the 
expenses of the said office ; appointing all officers of the land 
forces in the service of the United States, excepting regimental 
officers ; appointing all the officers of the naval forces, and 
commissioning all officers whatever in the service of the United 
States ; making rules for the government and regulation of the 
said land and naval forces, and directing their operations. 

The United States, in Congress assembled, shall have author- 
ity to appoint a committee, to sit in the recess of Congress, to 
be denominated a "Committee of the States," and to consist 
of one delegate from each state ; and to appoint such other 
committees and civil officers as may be necessary for managing 
the general affairs of the United States under their direction; 
to appoint one of their number to preside ; provided, that no 
person be allowed to serve in the office -of president more than 
one year in any term of three years ; to ascertain the necessary 
sums of money to be raised for the service of the United States, 
and to appropriate and apply the same for defraying the public 



302 ARTICLES OF CONFEDERATION. 

expenses ; to borrow money or emit bills on the credit of the 
United States, transmitting every half year to the respective 
states on account of the sums of money so borrowed or emitted ; 
to build and equip a navy; to agree upon the number of land 
forces, and to make requisitions from each state for its quota, 
in proportion to the number of white inhabitants in such state, 
which requisition shall be binding, and thereupon the Legislature 
of each state shall appoint the regimental officers, raise the 
men, and clothe, arm and equip them in a soldier-like manner, 
at the expense of the United States ; and the officers and men 
so clothed, armed and equipped shall march to the place 
appointed, and within the time agreed on by the United States, 
in Congress assembled. But if the United States, in Congress 
assembled, shall, on consideration of circumstances, judge proper 
that any state should not raise men, or should raise a smaller 
number than its quota, and that any other state should raise 
a greater n amber of men than the quota thereof, such extra 
number shall be raised, officered, clothed, armed, and equipped 
in the same manner as the quota of such state, unless the 
legislature of such state shall judge that such extra number 
cannot be safely spared out of the same, in which case they 
shall raise, officer, clothe, arm, and equip as many of such 
extra number as they judge can be safely spared. And the 
officers and men so clothed, armed, and equipped shall march 
to the place appointed, and within the time agreed on by the 
United States, in Congress assembled. 

The United States, in Congress assembled, shall never engage 
in a war, nor grant letters of marque and reprisal in time of 
peace, nor enter into any treaties or alliances, nor coin money, 
nor regulate the value thereof, nor ascertain the sums and 
expenses necessary for the defense and welfare of the United 
States, or any of them, nor emit bills, nor borrow money on 
the credit of the United States, nor appropriate money, nor 
agree upon the number of vessels of war to be built or pur- 
chased, or the number of land or sea forces to be raised, nor 
appoint a commander-in-chief of the army or navy unless nine 
states assent to the same ; nor shall a question on any other 
point, except for adjourning from day to day, be determined, 
unless by the votes of a majority of the United States, in Con- 
gress assembled. 

The Congress of the United States shall have power to adjourn 
to any time within the year, and to any place within the United 



ARTICLES OF CONFEDERATION. 303 

States, so that no period of adjournment be for a longer dura- 
tion than the space of six months; and shall publish the journal 
of their proceedings monthly, except such parts thereof relating 
to treaties, alliances, or military operations, as in their judg- 
ment require secrecy ; and the yeas and nays of the delegates of 
each state on any question shall be entered on the journal, 
when it is desired by any delegate ; and the delegates of a state, 
or any of them, at his or their request, shall be furnished with 
a transcript of the said journal, except such parts as are above 
excepted, to lay before the legislatures of the several states. 

Art. X. The Committee of the States, or any nine of them, 
shall be authorized to execute, in the recess of Congress, such of 
the powers of Congress as the United States, in Congress 
assembled, by the consent of nine states, shall, from time to 
time, think expedient to vest them with ; provided, that no 
power be delegated to the said committee, for the exercise of 
which, by the Articles of Confederation, the voice of nine states 
in the Congress of the United States assembled is requisite. 

Art. XI. Canada acceding to this Confederation, and joining 
in the measures of the United States, shall be admitted into, and 
entitled to all the advantages of this Union; but no other colony 
shall be admitted into the same, unless such admission be agreed 
to by nine states. 

Art. XII. All bills of credit emitted, moneys borrowed and 
debts contracted, by or under the authority of Congress, before 
the assembling of the United States, in pursuance of the present 
Confederation, shall be deemed and considered as a charge 
against the United States, for payment and satisfaction whereof 
the said United States and the public faith are hereby solemnly 
pledged. 

Art. XIII. Every state shall abide by the determinations of 
the United States, in Congress assembled, on all questions which 
by this Con federation are submitted to them. And the Articles 
of this Confederation shall be inviolably observed by every state, 
and the Union shall be perpetual : nor shall any alteration at any 
time hereafter be made in any of them, unless such alteration le 
agreed to in a Congress of the United States, and he afterwards 
confirmed by the leg'slature of every state. 

And Whereas, It hath pleased the Great Governor of the 
world to incline the hearts of the legislatures we respectively 
represent in Congress, to approve of, and to authorize us to 



304 



ARTICLES OF CONFEDERATION. 



ratify the said Articles of Confederation and perpetual Union. 
Know ye that we, the undersigned delegates, by virtue of the 
power and authority to us given for that purpose, do by these 
presents, in the name and in behalf of our respective constitu- 
ents, fully and entirely ratify and confirm each and every of the 
said Articles of Confederation and perpetual Union, and all and 
singular the matters and things therein contained. 

And we do further solemnly plight and engage the faith of our 
respective constituents, that they shall abide by the determina- 
tions of the United States, in Congress assembled, on all ques- 
tions which by the said Confederation are submitted to them ; 
and that the articles thereof shall be inviolably observed by the 
states we respectively represent, and that the Union shall be 
perpetual. 

In witness whereof, we have hereunto set our hands in Con- 
gress. Done at Philadelphia, in the State of Pennsylvania, the 
9th day of July, in the year of our Lord. 1778, and in the 3d year 
of the Independence of America. 



JOSIAH BARTLETT, 



John Hancock, 
Samuel Adams, 
Elbridge Gerry, 



William Ellery, 
Henry Maechant, 



John Went- 

worth, Jr. 
Aug. 8, 1778. 
Francis Dana, 
James Lovell, 
Samuel Holton, 



John Collins, 



Roger Sherman, Titus Hosmer, 
Sam'-l Huntington, Andrew Adam, 
Oliver Wolcott, 

James Duane, William Duer, 

Francis Lewis, Gouverneur 

Morris 

John Witherspoon, Nathaniel 

Scudder, 

William Cling an, 
Joseph Reed, 

July 22, 1778. 
John Dickinson. 

May 5, 1779. 



Robert Morris, 
Daniel Roberdeau 
J. Bayard Smith, 
Thomas McKean, 
Feb. 12, 1779. 
Nicholas VanDyke 



1 On the part and be- 
, \- half of the State of 
J New Hampshire. 
] On the part and be- 
[■ half of the State of 
J Massachusetts Bay. 
1 On the part and be- 
I half of the State of 
1- Rhode Island and 
I Providence Planta- 
J tions. 

] On the part and be- 
\- half of the State of 
J Connecticut. 
1 On the part and be- 
!- half of the State of 
J New York. 
1 On the part and be- 
I half of the State of 
, f New Jersey, No- 
J vember 26, 1778. 
1 On the part and be- 
}• half of the State of 
J Pennsylvania. 
1 On the part and be- 
V half of the State of 
J Del a wr. re. 



ARTICLES OF CONFEDERATION. 



305 



John Hanson. 
March 1, 17S1. 



Daniel Carroll. 
March 1, 1781. 



Richard Henry Lee John Harvie, 



John Banister, 
Thomas Adams. 
John Penn, 

July 21, 177S. 



F. Lightfoot Lee, 
Cornelius 



"1 On the part and be- 
j- half of the State of 
J Maryland. 
] On the part and be- 
)■ half of the State of 
J Virginia. 
] On the part and be- 
Harnett, J- half of the State of 
John Williams, J North Carolina. 
Richard Hutson. ] On the part and be- 
Heyward, Jr., }■ half of the State of 
J South Carolina. 
1 On the part and be- 
J- half of the State of 
J Georgia. 

The Articles of Confederation were ratified by the States as 
follows : 



Henry Laurens. 

Wm HenryDrayton Thos 

John Matthews, 



John Walton, 
July 24, 177S. 



Edward Telfair, 
Edw'd Langworthy, 



South Carolina -Feb. 5, 177S 

New York Feb. 6. 1778 

Rhode Island ___Feb. 9.1778 

Connecticut Feb. 12. 1778 

Georgia Feb. 26. 1778 

New Hampshire_Mar. 4, 1778 

Pennsylvania Mar. 5. 1778 

The ratification by all the States was formally announced to 
the public March 1, 17S1. 



Massachusetts Mar. 10, 1778 

North Carolina-April 5, 1778 

New Jersey Nov. 19, 1778 

Virginia Dec. 15, 1778 

Delaware Feb. 1, 1779 

Maryland Jan. 30, 1781 



CONSTITUTION OF THE UNITED STATES. 

PREAMBLE. 

We, the people of the United States, in order to form a more 
perfect union, establish justice, insure domestic tranquility, pro- 
vide for the common defense, promote the general welfare, and 
secure the blessings of liberty to ourselves and our posterity, do 
ordain and establish this Constitution for the United States of 
America. 

ARTICLE I. 

LEGISLATIVE DEPARTMENT. 

Congress. 

Section 1. All legislative powers herein granted shall be 
vested in a Congress of the United States, which shall consist 
of a Senate and House of Representatives. 

HOUSE OF REPRESENTATIVES. 
Election of Representatives. 

Sec. 2. 1. The House of Representatives shall be composed 
of members chosen every second year by the people of the sev- 
eral states, and the electors in each state shall have the quali- 
fications requisite for electors of the most numerous branch of 
the State Legislature. 
Qualifications of Representatives. 

2. No person shall be a Representative who shall not have 
attained the age of twenty-five years and been seven years a 
citizen of the United States, and who shall not, when elected, be 
an inhabitant of that State in which he shall be chosen. 
Apportionment of Representatives. 

3. [Representatives and direct taxes shall be apportioned 
among the several states which may be included within this 
Union, according to their respective numbers, which shall 
be determined by adding to the whole number of free persons, 
including those bound to service for a term of years, and ex- 
cluding Indians not taxed, three fifths of all other persons. The 
actual enumeration shall be made within three years after the 
first meeting of the Congress of the United States, and within 
every subsequent term of ten years, in such manner as they 
shall by law direct. The number of Representatives shall not 
exceed one for every thirty thousand, but each state shall have 



CONSTITUTION OF THE UNITED STATES. 307 

•it least one Representative; and until such enumeration shall 
be made, the State of New Hampshire shall be entitled to 
choose three. Massachusetts eight, Rhode Island and Provi- 
dence plantations one, Connecticut five, New York six, New- 
Jersey four. Pennsylvania eight, Delaware one, Maryland six. 
Virginia ten. North Carolina five. South Carolina five, and 
Georgia three.] 

This clause has been superseded, so far as it relates to repre- 
sentation, by section 2 of the Fourteenth Amendment to the 
Constitution. 

Vacancies. 

4. When vacancies happen in the representation from any 
state, the executive authority thereof shall issue writs of elec- 
tion to fill such vacancies. 

Officers of the House. 

5. The House of Representatives shall choose their Speaker 
and other officers, and shall have the sole power of impeachment. 

THE SENATE. 
Number of Senators. 

Sec. 3. 1. The Senate of the United States shall be com- 
posed of two Senators from each state, elected by the people 
thereof for six years ; and each Senator shall have one vote. 
The electors in each state shall have the qualifications requisite 
for electors of the most numerous branch of the state legisla- 
tures. [Proposed by Sixty -second Congress, second session ; pro- 
claimed May 31, 1913] 

Original text.— Sec. 3. 1. The Senate of the United States 
shall be composed of two Senators from each state, chosen 
by the legislature thereof, for six years, and each Senator 
shall have one vote. 

Classification of Senators — Vacancies. 

2. Immediately after they shall be assembled in consequence 
of the first election, they shall be divided as equally as may be 
into three classes. The seats of the Senators of the first class 
shall be vacated at the expiration of the second year, of the 
second class at the expiration of the fourth year, and of the 
third class at the expiration of the sixth year, so that one third 
may be chosen every second year. When vacancies happen in 
the representation of any state in the Senate, the executive 
authority of such state shall issue writs of election to fill such 
vacancies ; provided, that the legislature of any state may 
empower the executive thereof to make temporary appointments 



308 CONSTITUTION OF THE UNITED STATES. 

until the people fill the vacancies by election as the legislature 
may direct. This amendment shall not be so construed as to 
affect the election or term of any Senator chosen before it 
becomes valid as part of the Constitution. [Proposed oy Sixty- 
second Congress, second session; proclaimed May 31, 1913] 

Original text. — 2. Immediately after they shall be assembled 
in consequence of the first election, they shall be divided as 
equally as may be into three classes. The seats of the Senators 
of the first class shall be vacated at the expiration of the 
second year, of the second class at the expiration of the fourth 
year, and of the third class at the expiration of the sixth year, 
so that one third may be chosen every second year ; and if 
vacancies happen, by resignation or otherwise, during the recess 
of the legislature of any state, the executive thereof may make 
temporary appointments until the next meeting of the legis- 
lature, which shall then fill such vacancies. 

Qualifications of Senators. 

3. No person shall be a Senator who shall not have attained 
the age of thirty years, and been nine years a citizen of the 
United States, and who shall not, when elected, be an inhabit- 
ant of the state for which he shall be chosen. 

President of Senate. 

4. The Vice-President of the United States shall be President 
of the Senate, but shall have no voice unless they shall be 
equally divided. 

Officers of Senate. 

5. The Senate shall choose their officers, and have a President 
pro tempore, in the absence of the Vice-President, or when he 
shall exercise the office of President of the United States. 
Trial of impeachment. 

6. The Senate shall have the sole power to try all impeach- 
ments ; when sitting for that purpose, they shall be on oath or 
affirmation. When the President of the United States is tried, 
the Chief Justice shall preside ; and no person shall be convicted 
without the concurrence of two thirds of the members present. 
Judgment in cases of impeachment. 

7. Judgment in cases of impeachment shall not extend further 
than to removal from office and disqualification to hold and enjoy 
any office of honor, trust, or profit under the United States ; but 
the party convicted shall, nevertheless, be liable and subject to 
indictment, trial, judgment, and punishment according to law. 



CONSTITUTION OF THE UNITED STATES. 309 

ECTION OF SENATORS AND REPRESENTATIVES — MEETINGS OF 
CONGRESS. 
|Election of members of Congress. 

Sec. 4. 1. The times, places, and maimer of holding elections 
lor Senators and Representatives shall be prescribed in each 
state by the legislature thereof; but the Congress may at any 
time, by law, make or altar such regulations, except as to the 
places of choosing Senators. 
Congress to meet annually. 

2. The Congress shall assemble at least once in every year, 
and such meeting shall be on ihe first Monday in December, 
unless they shall, by law, appoint a different day. 

POWERS AND DUTIES OF EACH HOUSE OF CONGRESS. 

Sole judge of qualifications of members. 

Sec. 5. 1. Each house shall be the judge of the elections, 
returns, and qualifications of its own members, and a majority 
of each shall constitute a quorum to do business ; but a smaller 
number may adjourn from day to day, and may be authorized to 
compel the attendance of absent members, in such manner and 
under such penalties as each house may provide. 
Rules of proceedings — Punishment of members. 

2. Each house may determine the rules of its proceedings, 
punish its members for disorderly behavior, and, with the con- 
currence of two thirds, expel a member. 

Journals. 

3. Each house shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may. in 
their judgment, require secrecy ; and the ayes and noes of the 
members of either house, on any question, shall, at the desire of 
one fifth of those present, be entered on the journal. 
Adjournment. 

4. Neither house, during the session of Congress, shall, with- 
out the consent of the other, adjourn for more than three days, 
nor to any other place than that in which the two houses shall 
be sitting. 

COMPENSATION. PRIVILEGES AND DISABILITIES, OF SENATORS AND 

REPRESENTATIVES. 
Compensation — Privileges. 

Sec. 6. 1. The Senators and Representatives shall receive a 
compensation for their services, to be ascertained by law, and 



310 CONSTITUTION OF THE UNITED STATES. 

paid out of the treasury of the United States. They shall, ii 
all cases, except treason, felony, and breach of the peace, be 
privileged from arrest during their attendance at the session 
of their respective houses, and in going to and returning frornl 
the same ; and for any speech or debate in either house, they| 
shall not be questioned in any other place. 
Disability to hold other offices. 

2. No Senator or Representative shall, during the time for| 
which he was elected, be appointed to any civil office under thej 
authority of the United States, which shall have been created, or 
the emoluments whereof shall have been increased, during such 
time ; and no person holding any office under the United States 
shall be a member of either house during his continuance in 
office. [See also Section 3 of the Fourteenth Amendment] 

MODE OF PASSING LAWS. 

Special provision as to revenue laws. 

Sec. 7. 1. All bills for raising revenue shall originate in the 
House of Representatives, but the Senate may propose or concur 
with amendments as on other bills. 
Laws, how enacted. 

2. Every bill which shall have passed the House of Repre- 
sentatives and the Senate, shall, before it becomes a law, be 
presented to the President of the United States ; if he approve, 
he shall sign it, but if not, he shall return it, with his objections, 
to that house in which it shall have originated, who shall enter 
the objections at large on their journal, and proceed to recon- 
sider it. If, after such reconsideration, two thirds of that 
house shall agree to pass the bill, it shall be sent, together with 
the objections, to the other house, by which it shall likewise be 
reconsidered, and if approved by two thirds of that house it 
shall become a law. But in all such cases the votes of both 
houses shall be determined by ayes and noes ; and the names of 
the persons voting for and against the bill shall be entered on 
the journal of each house, respectively. If any bill shall not 
be returned by the President within ten days (Sundays excepted) 
after it shall have been presented to him, the same shall be a 
law, in like manner as if he had signed it, unless the Congress, 
by their adjournment, prevent its return, in which case it shall 
not be a law. 

Same rules apply to resolutions. 

3. Every order, resolution, or vote, to which the concurrence 
of the Senate and the House of Representatives may be necessary 



CONSTITUTION OF THE UNITED STATES. 311 

(except on a question of adjournment - ), shall be presented to the 
President of the United States : and, before the same shall take 
effect, shall be approved by him, or, being disapproved by him, 
shall be repassed by two thirds of the Senate and House of 
Representatives, according to the rules and limitations prescribed 
in the case of a bill. 

POWERS GRANTED TO CONGRESS. 
Taxation. 

Sec. S. 1. The Congress shall have power to lay and collect 
taxes, duties, imposts, and excises, to pay the debts and provide 
for the common defense and general welfare of the United 
States ; but all duties, imposts, and excises shall be uniform 
throughout the United States. 
Loans. 

2. To borrow money on the credit of the United States. 
Commerce. 

3. To regulate commerce with foreign nations, and among the 
several States, and with the Indian tribes. 

Naturalization and bankruptcies. 

4. To establish an uniform rule of naturalization, and uniform 
laws on the subject of bankruptcies throughout the United 
States. 

Coin. 

5. To coin money, regulate the value thereof and of foreign 
coins, and fix the standard of weights and measures. 
Counterfeiting. 

6. To provide for the punishment of counterfeiting the secur- 
ities and current coin of the United States. 

Post office. 

7. To establish post offices and post roads. 
Patents and copyrights. 

8. To promote the progress of science and useful arts, by 
securing, for limited times, to authors and inventors, the exclusive 
right to their respective writings and discoveries. 

Courts. 

9. To constitute tribunals inferior to the Supreme Court. 
Piracies. 

10. To define and punish piracies and felonies committed on 
the high seas, and offenses against the laws of nations. 

War. 

11. To declare war. grant letters of marque and reprisal, and 
make rules concerning captures on land and water. 



312 CONSTITUTION OF THE UNITED STATES. 

Army. 

12. To raise and support armies ; but no appropriation of 
money to that use shall be for a longer term than two years. 
Navy. 

13. To provide and maintain a navy. 
Military and navy rules. 

14. To make rules for the government and regulation of the 
land and naval forces. 

Militia. 

15. To provide for calling forth the militia to execute the laws 
of the Union, suppress insurrections, and repel invasions. 
Militia. 

16. To provide for organizing, arming, and disciplining the 
militia, and for governing such part of them as may be employed 
in the service of the United States, reserving to the states, 
respectively, the appointment of the officers, and the authority 
of training the militia according to the discipline prescribed by 
Congress. 

Federal district and other places. 

17. To exercise exclusive legislation, in all cases whatsoever, 
over such district (not exceeding ten miles square) as may, by 
cession of particular States, and the acceptance of Congress, 
become the seat of government of the United States, and to 
exercise like authority over all places purchased by the consent 
of the Legislature of the State in which the same shall be, for 
the erection of forts, magazines, arsenals, dockyards, and other 
needful buildings. 

Make laws to carry out foregoing powers. 

18. To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other 
powers vested by this Constitution in the Government of the 
United States, or in any department or officer thereof. [For 
other powers, see Article II, Section 1 ; Article III, Sections 
2 and 3 ; Article IV, Sections 1-3 ; and Article V] 

LIMITATIONS ON POWERS GRANTED TO THE UNITED STATES. 
Slave trade. 

Sec. 9. 1. The migration or importation of such persons 
as any of the states now existing shall think proper to admit, 
shall not be prohibited by Congress prior to the year one thou- 
sand eight hundred and eight ; but a tax or duty may be imposed 
on such importation, not exceeding ten dollars for each person. 



CONSTITUTION OF THE UNITED STATES. 313 

Habeas corpus. 

2. The privilege of the writ of habeas corpus shall not be sus- 
pended, unless when, in cases of rebellion or invasion, the public 
safety may require it. 

Ex post facto law. 

3. No bill of attainder or ex post facto law shall be passed. 
Direct taxes. 

4. No capitation or other direct tax shall be laid, unless in 
proportion to the census or enumeration hereinbefore directed to 
be taken. 

Duties on exports. 

5. No tax or duty shall be laid on articles exported from any 
State. 

No commercial discrimination to be made between states. 

6. No preference shall be gwen, by any regulation of commerce 
or revenue, to the ports of one State over those of another ; nor 
shall vessels bound to or from one State be obliged to enter, 
clear, or pay duties in another. 

Money, how drawn from treasury. 

7. No money shall be drawn from the treasury, but in conse- 
quence of appropriations made by law ; and a regular statement 
and account of the receipts and expenditures of all public money 
shall be published from time to time. 

Titles of nobility. 

8. No title of nobility shall be granted by the United States; 
and no person holding any office of profit or trust under them 
shall, without the consent of the Congress, accept of any present, 
emolument, office, or title, of any kind whatever, from any king, 
prince, or foreign State. 

POWERS PROHIBITED TO THE STATES. 

Sec. 10. 1. No State shall enter into any treaty, alliance, or 
confederation ; grant letters of marque and reprisal ; coin money ; 
omit bills of credit ; make anything but gold and silver coin a 
tender in payment of debts ; pass any bill of attainder, ex post 
facto law, or law impairing the obligation of contracts, or grant 
any title of nobility. 

2. No State shall, without the consent of the Congress, lay any 
impost or duties on imports or exports, except what may be abso- 
lutely necessary for executing its inspection laws; and the net 
produce of all duties and imposts, laid by any State on imports 
or exports, shall be for the use of the treasury of the United 
States ; and all such laws shall be subject to the revision and 
control of the Congress. 
14— 15736 



314 CONSTITUTION OF THE UNITED STATES. 

3. No State shall, without the consent of Congress, lay any 
duty of tonnage, keep troops" or ships of war in time of peace, 
enter into any agreement or compact with another State or with 
a foreign power, or engage in war, unless actually invaded or in 
such imminent danger as will not admit of delay. 

ARTICLE II. 
EXECUTIVE DEPARTMENT 
Executive power vested in President — Term of office. 

Section 1. 1. The executive power shall be vested in a 
President of the United States of America. He shall hold his 
office during the term of four years, and together with the Vice- 
President chosen for the same term, be elected as follows : 
Appointment and number of Presidential Electors. 

2. Each State shall appoint, in such manner as the Legislature 
thereof may direct, a number of Electors equal to the whole num- 
ber of Senators and Representatives to which the State may be 
entitled in the Congress ; but no Senator or Representative, or 
person holding an office of trust or profit under the United 
States, shall be appointed an Elector. 

Mode of electing President and Vice-President. 

3. [The Electors shall meet in their respective States and vote, 
by ballot, for two persons, of whom one at least shall not be an 
inhabitant of the same State with themselves. And they shall 
make a list of all the persons voted for, and of the number of 
votes for each ; which list they shall sign and certify, and trans- 
mit, sealed, to the seat of the government of the United States, 
directed to the President of the Senate. The President of the 
Senate shall, in the presence of the feenate and House of Rep- 
resentatives, open all the certificates, and the votes shall then be 
counted. The person having the greatest number of votes shall 
be the President, if such number be a majority of the whole 
number of Electors appointed ; and if there be more than one 
who have such majority, and have an equal number of votes, 
then the House of Representatives shall immediately choose by 
ballot one of them for President ; and if no person have a 
majority, then from the five highest on the list, the said house 
shall, in like manner, choose the President. But in choosing 
the President the vote shall be taken by States, the representa- 
tion from each State having one vote; a quorum for this purpose 
shall consist of a member or members from two thirds of the 



CONSTITUTION OF THE UNITED STATES. 315 

States, and a majority of all the States shall be necessary to a 

choice. In every case after the choice of the President, the 

person having the greatest number of votes of the Electors shall 

be the Vice-President. But if there should remain two or more 

who have equal votes, the Senate shall choose from them, by 

ballot, the Vice-President.] 

This clause has been superseded by the Twelfth Amendment 
to the Constitution. 

Time of choosing Electors and casting Electoral vote. 

4. The Congress may determine the time of choosing the Elec- 
tors, and the day on which they shall give their votes; which day 
shall be the same throughout the United States. 
Qualifications of President. 

5. No person except a natural-born citizen, or a citizen of the 
United States at the time of the adoption of this Constitution, 
shall be eligible to the office of President; neither shall any 
person be eligible to that office who shall not have attained the 
age of thirty-five years, and been fourteen years a resident within 
the United States. 

[See also Article II, Section 1, and Fourteenth Amendment.] 
Presidential succession. 

6. In case of the removal of the President from office, or of his 
death, resignation, or inability to discharge the powers and duties 
of the said office, the same shall devolve on the Vice-President, 
and the Congress may, by law, provide for the case of removal, 
death, resignation, or inability, both of the President and Vice- 
President, declaring what officer shall then act as President, and 
such officer shall act accordingly, until the disability be removed, 
or a President shall be elected. 

Note. — Agreeably with the powers conferred by Clause 6, 
Section 1, Article II, of the Constitution, Congress in 1886 pro- 
vided for the succession to the Presidency in case of the 
removal, death, resignation, or inability of the President or Vice- 
President by directing that the office devolve first upon the Sec- 
retary of State, and in case of his inability, for any reason, to 
perform its duties, it should pass, successively, upon similar 
conditions, to the Secretary of the Treasury, Secretary of War, 
Attorney-General, Postmaster-General, Secretary of the Navy, 
and Secretarv of the Interior. If, however, any one of these 
officers should be of foreign birth, the Presidency passes to the 
next named in the list. 

Salary of President. 

7. The President shall, at stated times, receive for his services 

a compensation, which shall neither be increased nor diminished 

during the period for which he shall have been elected, and he 



316 Constitution of the united states. 

shall not receive within that period any other emolument from 
the United States or any of them. 
Oath of office of President. 

8. Before he enters on the execution of his office, he shj^l take 
the following oath or affirmation: "I do solemnly swear (or 
affirm) that I will faithfully execute the office of President of 
the United States, and will, to the best of my ability, preserve, 
protect, and defend the Constitution of the United States." 

POWERS OF PRESIDENT. 
Commander-in-chief. 

Sec. 2. 1. The President shall be commander-in-chief of the 
Army and Navy of the United States, and of the militia of the 
several States when called into the actual service of the United 
States ; he may require the opinion, in writing, of the principal 
officer in each of the executive departments, upon any subject 
relating to the duties of their respective offices, and he shall have 
power to grant reprieves and pardons for offenses against the 
United States, except in cases of impeachment. 
Treaties and appointments. 

2. He shall have power, by and with the advice and consent 
of the Senate, to make treaties, provided two thirds of the 
Senators present concur ; and he shall nominate, and, by and 
with the advice and consent of the Senate, shall appoint ambas- 
sadors, other public ministers and consuls, Judges of the Su- 
preme Court, and all other officers of the United States whose 
appointments are not herein otherwise provided for and which 
shall be established by law ; but the Congress may, by law, vest 
the appointment of such inferior officers as they think proper 
in the President alone, in the courts of law, or in the heads of 
departments. 

Filling vacancies. 

3. The President shall have power to fill up all vacancies that 
may happen during the recess of the Senate, by granting com- 
missions, which shall expire at the end of their next session. 

FURTHER POWERS OF PRESIDENT. 
Message to Congress — Adjourn and call special session. 

Sec. 3. He shall, from time to time, give to the Congress 
information of the state of the Union, and recommend to their 
consideration such measures as he shall judge necessary and 
expedient ; he may, on extraordinary occasions, convene both 



CONSTITUTION OF THE UNITED STATES. oil 

houses, or either of them, and, in ease of disagreement between 
them with respect to the time of adjournment, he may adjourn 
them to such time as he shall think proper ; he shall receive 
ambassadors and other public ministers ; he shall take care that 
the laws be faithfully executed, and shall commission all the 
officers of the United States. 

| See also Article I. Section 5.] 
Impeachment of President and other officers. 

Sec. 4. The President. Vice-President, and all civil officers 
of the United States shall be removed from office on impeach- 
ment for and conviction of treason, bribery, or other high crimes 
and misdemeanors. 

[See also Article I, Sections 2 and 3.] 

ARTICLE III. 

JUDICIAL DEPARTMENT. 
Courts — Terms of office and salary of judges. 

Section 1. The judicial power of the United States shall be 
vested in one Supreme Court, and in such inferior courts as the 
Congress may from time to time ordain and establish. The 
judges, both of the supreme and inferior courts, shall hold their 
offices during good behavior, and shall, at stated times, receive 
for their services a compensation which shall not be diminished 
during their continuance in office. 

[See also Eleventh Amendment] 

JURISDICTION OF UNITED STATES COURTS. 
Cases that may come before United States courts. 

Sec. 2. 1. The judicial power shall extend to all cases, in 
law and equity, arising under this Constitution, the laws of the 
United States, and treaties made, or which shall be made, under 
their authority ; to all cases affecting ambassadors, other public 
ministers, and consuls ; to all cases of admiralty and maritime 
jurisdiction ; to controversies to which the United States shall 
be a party ; to controversies between two or more states ; be- 
tween a state and citizens of another state; between citizens of 
different states ; between citizens of the same state claiming 
lands under grants of different states ; and between a state, 
or the citizens thereof, and foreign states, citizens or subjects. 
Jurisdiction of supreme and appellate courts. 

2. In all cases affecting ambassadors, other public ministers, 
and consuls, and those in which a state shall be a party, the 



318 CONSTITUTION OF THE UNITED STATES. 

Supreme Court shall have original jurisdiction. In all the 
other cases before mentioned the Supreme Court shall have 
appellate jurisdiction, both as to law and fact, with such excep- 
tions and under such regulations as the Congress shall make. 
Trial of crimes. 

3. The trial of all crimes, except in cases of impeachment, 
shall be by jury ; and such trial shall be held in the state where 
the said crimes shall have been committed ; but when not com- 
mitted within any state, the trial shall be put at such place or 
places as the Congress may, by law, have directed. 

[See also Fifth, Sixth, Seventh, and Eighth Amendments] 

TREASON. 
Treason defined. 

Sec. 3. 1. Treason against the United States shall consist 
only in levying war against them, or in adhering to their enemies, 
giving them aid and comfort. 
Conviction. 

2. No person shall be convicted of treason, unless on the testi- 
mony of two witnesses to the same overt act, or on confession 
in open court. 

Punishment. 

3. The Congress shall have power to declare the punishment 
of treason ; but no attainder of treason shall work corruption 
of blood, or forfeiture, except during the life of the person 
attainted. 

ARTICLE IV. 

THE STATES AND THE FEDERAL GOVERNMENT. 

State records. 

Section 1. Full faith and credit shall be given in each 
state to the public acts, records, and judicial proceedings of 
every other state. And the Congress may, by general laws, 
prescribe the manner in which such acts, records, and proceed- 
ings shall be proved, and the effect thereof. 

[See also Fourteenth Amendment] 
Interstate privileges of citizens. 

Sec. 2. 1. The citizens of each state shall be entitled to 
all the privileges and immunities of citizens in the several 
states. 
Fugitives from justice. 

2. A person charged in any state with treason, felony, or 
other crime, who shall flee from justice and be found in another 



CONSTITUTION OF TI1E UNITED STATES. 319 

state, shall, on demand of the executive authority of the state 
from which he fled, be delivered up, to be removed to the state 
having jurisdiction of the crime. 
Fugitives from service. 

3. No person held to service or labor in one state, under the 
laws thereof, escaping into another, shall, in consequence of any 
law or regulation therein, be discharged from such service or 
labor, but shall be delivered up on claim of the party to whom 
such service or labor may be due. 
Admission of new States. 

Sec. 3. 1. New states may be admitted by the Congress into 
this Union ; but no new state shall be formed or erected within 
the jurisdiction of any other state ; nor any state be formed by 
the junction of two or more states or parts of states, without 
the consent of the legislatures of the states concerned, as well 
as of Congress. 
Control of the property and territory of the Union. 

2. The Congress shall have power to dispose of and make all 
needful rules and regulations respecting the territory or other 
property belonging to the United States ; and nothing in this 
Constitution shall be so construed as to prejudice any claims 
of the United States, or of any particular state. 
Republican government guaranteed. 

Sec. 4. The United States shall guarantee to every state in 
this Union a republican form of government, and shall protect 
each of them against invasion ; and, on application of the 
legislature, or of the executive (when the legislature can not 
be convened), against domestic violence. 

ARTICLE V. 

AMENDMENTS. 
Amendments, how proposed and adopted. 

Section 1. The Congress, whenever two thirds of both 
houses shall deem it necessary, shall propose amendments to 
this Constitution, or, on the application of the legislatures of 
two thirds of the several states, shall call a convention for 
proposing amendments, which, in either case, shall be valid, to 
all intents and purposes, as part of this Constitution, when 
ratified by the legislatures of three fourths of the several states 
or by conventions in three fourths thereof, as the one or the 
other mode of ratification may be proposed by the Congress ; 
provided, that no amendment which may be made prior to the 



320 CONSTITUTION OF THE UNITED STATES. 

year one thousand eight hundred and eight shall, in any manner, 
affect the first and fourth clauses in the ninth section of the 
first article ; and that no state, without its consent, shall be 
deprived of its equal suffrage in the Senate. 

ARTICLE VI. 

PROMISCUOUS PROVISIONS. 
The public debt. 

Section 1. 1. All debts contracted and engagements entered 
into, before the adoption of this Constitution, shall be as valid 
against the United States, under this Constitution, as under the 
Confederation. 

[See also Fourteenth Amendment, Section 4] 
Supreme law of the land. 

2. This Constitution, and the laws of the United States which 
shall be made in pursuance thereof, and all treaties made, or 
which shall be made, under the authority of the United States. 
shall be the supreme law of the land ; and the Judges in every 
state shall be bound thereby, anything in the Constitution or 
laws of any state to the contrary notwithstanding. 

Oath of office and religious test. 

3. The Senators and Representatives before mentioned, aud 
the members of the several state legislatures, and all executive 
and judicial officers, both of the United States and of the sev- 
eral states, shall be bound, by oath or affirmation, to support 
this Constitution ; but no religious test shall ever be reqpired as 
a qualification to any office or public trust under the United 
States. 

ARTICLE VII. 

ratification of constitution. 
Section 1. The ratification of the conventions of nine states 
shall be sufficient for the establishment of this Constitution 
between the states so ratifying the same. 

Done in convention, by the unanimous consent of the states 
present, the seventeenth day of September, in the year of 
our Lord one thousand seven hundred and eighty-seven, and 
of the independence of the United States of America the 
twelfth. In witness whereof, we have hereunto subscribed 
our names. 

GEORGE WASHINGTON, 
President, and Deputy from Virginia. 



CONSTITUTION OF THE I'NITKD STATES. 



321 



.new hampshibe. 
John Lang don. 
Nicholas Gilman. 

massachusetts; 

Nathaniel Gorham. 
Rufus King. 

NEW JERSEY. 

V, illiam Livingston, 
David Breably, 
William Patterson. 
Jonathan Dayton. 

pennsylvania. 
Lfnjamin Franklin. 
Thomas Mifflin. 
Robert Morris. 
George Clymer. 
Thomas Fitzsimmons. 
•Tared Ingersoll. 
James Wilson. 
Gouverneur Morris, 
delaware. 
George Read, 
Gunning Bedford, jr.. 
John Dickinson. 
Richard Bassett. 
Jacob Broom. 

Attest : 



connecticut. 

William Samuel Johnson, 
Roger Sherman. 

NEW YORK. 

At. ex a MiER Ha m i lton. 

maryland, 
james mchenry. 
Daniel of St. Th. Jenifer, 
Daniel Carroll. 

VIRGINIA. 

John Blair, 
James Madison, jr. 

north carolina. 
William Blount. 
Richard Dobbs Spaigiit. 
Hugh Williamson. 

south carolina. 
John Rutledge, 
Charles C. Pinckney, 
Charles Pinckney. 
Pierce Butler. 

GEORGIA. 

William Few, 
Abraham Baldwin. 
William Jackson, Secretary. 



AMENDMENTS. 

ARTICLE I. 
RESTRICTIONS ON POWERS OF CONGRESS. 
Section 1. Congress shall make no law respecting an estab- 
lishment of religion, or prohibiting the free exercise thereof, 
or abridging the freedom of speech or of the press ; or the 
right of the people peaceably to assemble, and to petition the 
government for a redress of grievances. [Proposed September 
25, 1789; ratified December 15, 1791] 

ARTICLE II. 
RIGHT TO BEAR ARMS. 
Section 1. A well-regulated militia being necessary to the 
security of a free State, the right of the people to keep and bear 
arms shall not be infringed. — [Id.] 

ARTICLE III. 
BILLETING OF SOLDIERS. 

Section 1. No soldier shall, in time of peace, be quartered 
in any house without the consent of the owner ; nor in time of 
war, but in a manner to be prescribed by law. — [Id.] 

ARTICLE IV. 
SEIZURES, SEARCHES, AND WARRANTS. 
Section 1. The right of the people to be secure in their 
persons, houses, papers, and effects, against unreasonable 
searches and seizures, shall not be violated, and no warrants 
shall issue but upon reasonable cause, supported by oath or 
affirmation, and particularly describing the place to be searched 
and the person or things to be seized. — [Id.] 

ARTICLE V. 

CRIMINAL PROCEEDINGS AND CONDEMNATION OF 
PROPERTY. 

Section 1. No person shall be held to answer for a capital or 
otherwise infamous crime, unless on a presentment or indict- 
ment of a grand jury, except in cases arising in the land or 
naval forces, or in the militia, when in actual service in time of 
war or public danger; nor shall any person be subject for the 



AMENDMENTS TO UNITED STATES CONSTITUTION. 323 

same offense to be twice put in jeopardy of life or limb ; nor shall 
be compelled in any criminal case to be a witness against him- 
self; nor be deprived of life, liberty, or property, without due 
process of law ; nor shall private property be taken for public 
use without just compensation. — [Id.] 

ARTICLE VI. 
MODE OF TRIAL IN CRIMINAL PROCEEDINGS. 
Section 1. In all criminal prosecutions the accused shall 
enjoy the right to a speedy and public trial, by an impartial 
jury of the State and district wherein the crime shall have 
been committed, which district shall have been previously ascer- 
tained by law, and to be informed of the nature and cause of 
the accusation ; to be confronted with the witnesses against 
him ; to have compulsory process for obtaining witnesses in his 
favor, and to have the assistance of counsel for his defense. 

ARTICLE VII. 
TRIAL BY JURY. 

Section 1. In suits at common law, where the value in con- 
troversy shall exceed twenty dollars, the right of trial by jury 
shall be preserved ; and no fact, tried by jury, shall be otherwise 
reexamined in any court of the United States than according to 
the rules of common law. — [Id.] 

ARTICLE VIII. 
BAILS— FINES— PUNISHMENTS. 
Section 1. Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishments inflicted. — 
[Id.] 

ARTICLE IX. 

CERTAIN RIGHTS NOT DENIED TO THE PEOPLE. 

Section 1. The enumeration in the Constitution of certain 
rights shall not be construed to deny or disparage others retained 
by the people. — [Id.] 

ARTICLE X. 

STATE RIGHTS. 
Section 1. The powers not delegated to the United States 
by the Constitution, nor prohibited by it to the States, are 
reserved to the States, respectively, or to the people. — [Id.] 



324 AMENDMENTS TO UNITED STATES CONSTITUTION. 

ARTICLE XL 
JUDICIAL POWERS. 
Section 1. The judicial power of the United States shall 
not be construed to extend to any suit in law or equity, com- 
menced or prosecuted against one of the United States by the 
citizens of another State, or by citizens or subjects of any foreign 
State. — [Proposed March 5, 179J/J ratified January 8, 1798] 

ARTICLE XII. 
ELECTION OF PRESIDENT AND VICE-PRESIDENT. 
Section 1. The electors shall meet in their respective States, 
and vote by ballot for President and Vice-President, one of 
whom, at least, shall not be an inhabitant of the same State with 
themselves ; they shall name in their ballots the person voted for 
as President, and in distinct ballots the person voted for as 
Vice-President ; and they shall make distinct lists of all persons 
voted for as President, and of all persons voted for as Vice- 
President, and of the number of \otes for each, which lists they 
shall sign and certify, and transmit, sealed, to the seat of the 
government of the United States, directed to the President of 
the Senate. The President of the Senate shall, in the presence 
of the Senate and House of Representatives, open all the certifi- 
cates, and the votes shall then be counted. The person having 
the greatest number of votes for President shall be the Presi- 
dent, if such a number be a majority of the whole number of 
electors appointed ; and if no person have such a majority, then 
from the persons having the highest numbers, not exceeding 
three, on the list of those voted for as President, the House of 
Representatives shall choose immediately, by ballot, the Presi- 
dent. But in choosing the President, the votes shall be taken by 
States, the representation from each State having one vote ; a 
quorum for this purpose shall consist of a member or members 
from two thirds of the States, and a majority of all the States 
shall be necessary to a choice. And if the House of Representa- 
tives shall not choose a President, whenever the right of choice 
shall devolve upon them, before the fourth day of March next 
following, then the Vice-President shall act as President, as in 
case of the death or other constitutional disability of the Presi- 
dent. The person having the greatest number of votes as Vice- 
President shall be the Vice-President, if such number be a 
majority of the whole number of electors appointed ; and if no 



AMENDMENTS TO UNITED STATES CONSTITUTION. dZO 

person have a majority, then from the two highest numbers on 
the list the Senate shall choose the Vice-President ; a quorum 
for the purpose shall consist of two thirds of the whole number 
of Senators, and a majority of the whole number shall be neces- 
sary to a choice. But no person constitutionally ineligible to 
the office of President shall be eligible to that of Vice-President 
of the United States. [Proposed December 12, 1803; ratified 
September 25, 1804] 

ARTICLE XIII. 
SLAVERY. 

Section 1. Neither slavery nor involuntary servitude, except 
as a punishment for crime w r hereof the party shall have been 
duly convicted, shall exist within the United States, or any 
place subject to their jurisdiction. 

Sec. 2. Congress shall have power to enforce this article by 
appropriate legislation. [Declared ratified December 18, 1865. 
( T. 8. Statutes at Large, Vol. IS, p. 775)1 

ARTICLE XIV. 

CITIZENSHIP. REPRESENTATION, AND PAYMENT OF 
PUBLIC DEBT. 
Citizenship. 

Section 1. All persons born or naturalized in the United 
States and subject to the jurisdiction thereof, are citizens of the 
United States and of the State wherein they reside. No State 
shall make or enforce any law which shall abridge the privileges 
or immunities of citizens of the United States ; nor shall any 
State deprive any person of life, liberty, or property, without 
due process of law, nor deny to any person within its jurisdiction 
the equal protection of the laws. 
Apportionment of Representatives. 

Sec. 2. Representatives shall be apportioned among the sev- 
eral States, according to their respective numbers, counting the 
whole number of persons in each State, excluding Indians not 
taxed. But when the right to vote at any election for the choice 
of electors for President and Vice-President of the United States, 
Representatives in Congress, the executive and judicial officers 
of a State, or the members of the Legislature thereof, is denied 
to any of the male inhabitants of such State, being twenty-one 
yean of age and citizens of the United States, or in any way 
abridged, except for participation in rebellion, or other crime, 



32G AMENDMENTS TO UNITED STATES CONSTITUTION. 

the basis of representation therein shall be reduced in the pro- 
portion which the number of such male citizens shall bear to 
the whole number of male citizens twenty-one years of age in 
such State. 
Disqualification for public office. 

Sec. 3. No person shall be a Senator or Representative in 
Congress, or elector of President and Vice-President, or hold 
any office, civil or military, under the United States, or under 
any State, who, having previously taken an oath as a member 
of Congress, or as an officer of the United States, or as a mem- 
ber of any State Legislature, or as an executive or judicial 
officer of any State, to support the Constitution of the United 
States, shall have engaged in insurrection or rebellion against 
the same, or given aid or comfort to the enemies thereof. But 
Congress may, by a vote of two thirds of each house, remove such 
disability. 
Public debt, guarantee of. 

Sec. 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pen- 
sions and bounties for services in suppressing insurrection or 
rebellion, shall not be questioned. But neither the United States 
nor any State shall assume or pay any debt or obligation in- 
curred in aid of insurrection or rebellion against the United 
States, or any claim for the loss or emancipation of any slave ; 
but all such debts, obligations, and claims shall be held illegal 
and void. 
Power of Congress. 

Sec. 5. The Congress shall have power to enforce, by appro- 
priate legislation, the provisions of this article. [Declared rati- 
fied July 28, 1868. (U. 8. Statutes at Large, Vol. 15, pp. 
709-711)1 

ARTICLE XV. 
ELECTIVE FRANCHISE. 
Right of citizens to vote. 

Section 1. The right of citizens of the United States to vote 
shall not be denied or abridged by the United States, or by any 
State, on account of race, color, or previous condition of servi- 
tude. 



AMENDMENTS TO UNITED STATES CONSTITUTION. 327 

Power of Congress. 

Sec. 2. The Congress shall have power to enforce this article 
by appropriate legislation. [U. 8. Statutes at Large, Vol. 15, 
P. 346] 

ARTICLE XVI. 
Income tax — Congress given power to lay and collect. 

The Congress shall have power to lay and collect taxes on 
incomes, from whatever source derived, without apportionment 
among the several States, and without regard to any census or 
enumeration. [Proposed July 12, 1909; in effect February 25, 
1913] 

Note. — A further amendment provides for the election of 
senators by the people. See Art. I, Sec 3, p. 307. The joint 
resolution by which the Congress of the United States, at the 
second session, sixty-second Congress, in the year one thousand 
nine hundred and twelve, proposed the amendment was in the 
following words: 

''Resolved, by the Senate and House of Representatives of the 
United States of America in Congress assembled (two thirds of 
each House concurring therein), that in lieu of the first para- 
graph of section three of Article I of the Constitution of the 
United States, and in lieu of so much of paragraph two of the 
same section as relates to the filling of vacancies, the following 
be proposed as an amendment to the Constitution, which shall 
be valid to all intents and purposes as part of the Constitution 
when ratified by the legislatures of three fourths of the States : 

" 'The Senate of the United States shall be composed of two 
Senators from each state, elected by the people thereof, for six 
years ; and each Senator shall have one vote. The electors in 
each state shall have the qualifications requisite for electors of 
the most numerous branch of the state legislatures. 

" 'When vacancies happen in the representation of any state 
in the Senate, the executive authority of such state shall issue 
writs of election to fill such vacancies ; provided, that the legis- 
lature of any state may empower the executive thereof to make 
temporary appointments until the people fill the vacancies by 
election as the legislature may direct. 

" 'This amendment shall not be so construed as to affect the 
election or term of any Senator chosen before it becomes valid 
as part of the Constitution.' " 



GENERAL INDEX. 



PAGE 

ADMISSION, ACT OF 17 

AMENDMENTS. SUMMARY OF 240 

AMERICAN FLAG 5 

ARTICLES OF CONFEDERATION 296 

CALIFORNIA, act admitting State of, into Union 17 

CONFEDERATION, ARTICLES. OF 296 

CONSTITUTION OF CALIFORNIA (1849) 207 

CONSTITUTION OF CALIFORNIA (1879) 18 

CONSTITUTION OF UNITED STATES 306 

DECLARATION OF RIGHTS (A. D. 1765) 284 

DECLARATION OF RIGHTS (A. D. 1774) 286 

DECLARATION OF INDEPENDENCE (A. D. 1776) 291 

FLAG, THE 5 

FLAG. THE NATIONAL 1 7 

FLAG, CHRONICLES OF THE 13 

FLAG. PROTECTION OF THE 15 

FLAG, THE STATE 16 

FLAGS OF REVOLUTIONARY AND COLONIAL TIMES 5 
FLAGS. NAVY AND ARMY REGULATIONS 

RESPECTING 10 

MAGNA CHARTA (in Latin and English) 260 

MEMBERS OF CONSTITUTIONAL CONVENTION, 1879 188 

TREATY WITH MEXICO (1848) 190 



INDEX TO CALIFORNIA CONSTITUTION. 



ART. SEC. PAGE 

ACCIDENTS, Industrial., employers' liability for 20 21 177 

ACCUSED, rights of 1 13 22 

ACTS, amending of 4 24 47 

embrace but one subject 4 24 47 

ADJOURNMENT of legislature 4 14 40 

5 11 59 

ALIENS, protection against undesirable persons 19 1 171 

rights of 1 17 25 

AMENDING AND REVISING CONSTITUTION 18 __ 170 

AMENDMENTS, of charters of cities and counties 11 7 J 95 

to constitution, how made 18 1 170 

to constitution, on ratification, become part of 18 1 170 

APPELLATE COURT, districts 6 4 65 

jurisdiction of 6 4 65 

APPROPRIATION BILL, to contain but one item 4 34 56 
APPROPRIATIONS, what general appropriation 

shall contain 4 29 53 

how made ; how drawn 4 22 43 

ARREST, members privileged from, when 4 11 39 

ASSEMBLY, election of members of 4 3 37 

ASSEMBLYMEN, number of 4 5 38 

ASSESSMENT, property where assessed 13 10 159 

land and improvements to be separately 

assessed 13 2 156 

of tracts of land sectionized by United 

States government 13 3 156 

ASSESSOR, COUNTY, taxpayer to make state- 
ment to 13 8 158 

ASSEMBLY, term of members of 4 3 37 

BAIL, excessive, not allowed 1 6 20 

BALLOT, secrecy in 2 5 30 

BANKING BUSINESS, regulation of 12 5 140 

BILLS OF ATTAINDER, ex post facto laws, obli- 
gations of contracts 1 16 24 

BILLS, approval of by governor, veto power 4 16 41 

general appropriation, what to contain 4 29 53 

how passed 4 15 40 

BOARD OF EDUCATION, state ; county 9 7 84 

BOARDS OF EQUALIZATION, state and county 13 9 159 

BOARD OF HEALTH, state 20 14 175 

BONDS, state, county, city and district, exempt 

from taxation 13 If 155 

state, county, and municipal bonds may be 

issued 11 13| 131 

BOUNDARY 21 1 178 

BRIBERY, disqualification for 20 10 174 

punishment for 4 35 56 

CALIFORNIA, a part of the Union 1 3 19 

CALIFORNIA ACADEMY OF SCIENCES 9 12 88 

CALIFORNIA SCHOOL OF MECHANICAL 

ARTS 9 11 88 

CAPITAL OF STATE— 20 1 172 



INDEX. 



331 



CHARGE TO JURIES 

CHARTERS, existing, invalid in certain cases 

CHARTERS OF CITIES, amendment to, how 

made 

borough system of government 

cities which may frame charters 

duty of freeholders to prepare charter 

special election called by council 

what may provide 

CHARTERS OF COUNTIES, amendments to, 

how made 

county charters 

duty of freeholders 

what charters may provide 

laws superseded by charter 

special elections called 

surrender of charter 

CHARTERS OR FRANCHISES, not to be ex- 
tended nor forfeiture remitted by legislature 

CHINESE, not to be employed on public works 

CHINESE IMMIGRATION, to be discouraged 

CHURCHES, exemption from taxation 

CIVIL, power supreme 

CITY AND COUNT Y GOVERNMENTS, consol- 
idation of 

CITY AND COUNTY OF SAN FRANCISCO, 

charter of 

CLERKS OF COURTS, Court commissioners 

CLERKS OF SUPREME COURT and district 

courts of appeal, how appointed 

COGSWELL POLYTECHNIC COLLEGE 

COMMISSION. See Supreme Court. 
COMMISSIONS AND GRANTS, how issued and 

form of 

COMMON CARRIERS, declaration as to what are 

COMMON SCHOOLS, system of, provided 

COMPENSATION, extra, prohibited 

COMPENSATION OF PUBLIC OFFICIALS, not 

to be increased, when 

CONGRESSIONAL DISTRICTS, formation 

CONSTITUTION, amendments, how made 

amendments to, on ratification by people be- 
come part of 

ballots for voting on 

mandatory 

revision of, convention for 

submission of amendments to 

who entitled to vote for adoption or rejec- 
tion of 

1879, county clerks to provide books, etc 

election for, computation of returns and proc- 
lamation thereof 

printing of and proclamation therefor 



ART. 


SEC. 


PAGE 


6 


19 


78 


12 


6 


140 




8 


103 




8 


106 




8 


103 




8 


103 




8 


104 




8J 


118 




n 


95 




ii 


95 




71 


95 




n 


95 




71 


102 




n 


103 




n 


103 


12 


7 


140 


19 


2 


171 


19 


4 


172 


13 


n 


155 




12 


22 


11 


7 


94 


11 


8 a 


116 


6 


14 


76 


6 


21 


79 


9 


13 


88 


5 


14 


59 


12 


17 


144 


9 


5 


83 


4 


32 


55 


11 


9 


129 


4 


27 


52 


18 


1 


170 


18 


1 


170 


22 


5 


180 


1 


22 


26 


18 


2 


170 


18 


1 


170 


22 


7 


181 


22 


6 


181 


22 


9 


182 


22 


4 


180 



332 INDEX. 

. . ART. SEC. PAGE 

CONSTITUTION — Continued. 

returns, how canvassed 22 

terms of officers first elected after adoption of 22 

when to take effect 22 

CONSTITUTIONAL CONVENTIONS, expenses of 20 
CONTRACTS, impairing obligation of, prohibited 1 
CONVICT LABOR, shall not be let out by contract 10 

CORPORATIONS 12 

dues from 12 

election for directors 12 

how formed -__■_ 12 

issuance of stock of 12 

liability of directors and stockholders of 12 

liabilities not released by transfer of franchise 12 

limit on interest of an officer or agent 12 

limitation on business of 12 

may be sued, where 12 

must maintain a place of business 12 

regulation of charges of 4 

state credit not to be loaned . 12 

what term includes 12 

CORPORATE EXISTENCE, extension of 12 

CORPORATE PROPERTY, subject to exercise of 

right of eminent domain 12 

COUNTIES, existing recognized 11 

new - 11 

COUNTIES, CITIES, AND TOWNS 11 

COUNTY AND TOWNSHIP GOVERNMENTS, 

legislature shall establish system of 11 

COUNTY AND TOWNSHIP OFFICERS, compen- 
sation of 11 

COUNTY SEAT, removal of 11 

COUNTIES, new, formation of 11 

COUNTY SUPERINTENDENT OF SCHOOLS, 

election of _ 9 

COURTS, certain of them abolished by adoption 

of constitution, 1879 22 

COURTS, inferior, legislature to provide 6 

COURTS OF RECORD, what shall be 6 

COURT REPORTERS, how appointed 6 

CREDIT OF STATE, not to be loaned 12 

CRIMINAL TRIALS, rights of accused 1 

depositions in 1 

DEBT, not to exceed annual income, exceptions— 11 

imprisonment for, prohibited 1 

DECLARATION OF RIGHTS. See Rights, Dec- 
laration of. 
DEPARTMENTS OF STATE GOVERNMENT, 

number and distribution of power 3 

DEPOSITARIES, legal 11 

DIRECTORS OF CORPORATIONS, election of__ 12 
DISCRIMINATION BY RAILROADS, and other 

transportation companies forbidden 12 21 145 



8 


181 


10 


182 


12 


. 182 


19 


177 


16 


24 


6 


90 





138 


2 


139 


12 


142 


1 


138 


11 


142 


3 


139 


10 


142 


18 


144 


9 


141 


16 


143 


14 


143 


33 


55 


13 


143 


4 


140 


7 


140 


8 


141 


1 


90 


3 


90 


— 


90 


4 


91 


5 


91 


2 


90 


3 


90 


3 


82 


3 


179 


11 


75 


12 


75 


21 


79 


13 


143 


13 


22 


13 


22 


18 


133 


15 


24 


1 


30 


16| 


132 


12 


142 



SEC. 


PAGE 


21 


7 ft 


4 


65 


•i - 


5 2 


25} 


52 


6 


38 



4 


3S 


5 


30 


20 


177 


21 


43 


8 


141 


14 


23 



INDEX. 333 

ART 
DISTRICT COURTS OF APPEAL, clerks of. how 

appointed 6 

DISTRICTS, appellate court -6 

congressional, formation of 4 

fish and game 4 

senatorial and assembly 4 

DUELLING, disfranchisement and disqualification 

for 20 2 172 

EDUCATION 9 __ 82 

encouragement of 9 1 82 

ELECTIONS, by the legislature, manner of voting 4 28 53 

plurality of votes given shall constitute 

choice, exceptions 20 13 171 

of senators and qualifications of members of 

legislature 4 

to be by ballot or otherwise 2 

when held, terms of office 20 

EMBEZZLERS, not eligible to office 4 

EMERGENCY MEASURES. See Urgency. 

EMINENT DOMAIN, corporate property subject to 12 

taking of private property for public use 1 

EMPLOYERS' LIABILITY, for industrial acci- 
dents 20 21 17 

EXECUTIVE DEPARTMENT, executive power 

vested in governor 5 

EXECUTIVE STATE OFFICERS 5 

EXEMPTION, from taxation, personal property__ 13 

soldiers and sailors, etc.. to amount of $1,000_ 13 

churches. See Taxation 13 

EX POST FACTO LAWS, shall never be passed— 1 

EXPENSES of Legislature 4 

EXTRA SESSIONS of Legislature 5 

EXISTENCE OF CORPORATIONS, extension of 

term of 12 7 140 

FEES OR PERQUISITES can not be received by 
judicial officers except justices of peace and 

court commissioners 8 15 76 

FINES, excessive, prohibited 1 6 20 

FISCAL YEAR, when commences 20 5 173 

FISH AND GAME DISTRICTS 4 25| 52 

FISH, right to. upon public lands and where fish 

have been planted by state 1 25 27 

FLAG, to be carried by all military organizations 8 2 82 
FOREIGN CORPORATIONS, can not transact 
business under more favorable condition 

than state 12 15 14:! 

FOREIGNERS. See Aliens. 

FORFEITURE OF FRANCHISE OR CHARTER. 

not to be remitted by legislature 12 7 140 

FREEDOM OF ASSEMBLING 1 10 21 

FREEDOM OF RELIGION 1 4 19 

FREEDOM OF SPEEdl. libel suits 1 9 21 

FRANCHISE, transfer of by corporation, does 

not release liabilities 12 10 142 



1 


57 


17 


60 


10i 


160 


U 


155 


n 


155 


16 


24 


23 


46 


9 


60 



334 INDEX. 

ART. SEC. PAGE 

FRANCHISES OR CHARTERS, not to be ex- 
tended nor forfeiture remitted by legisla- 
ture 12 7 140 

FREEHOLDERS' CHARTERS, powers conferred 

on municipal corporations by 11 8£ 118 

FREE TEXTBOOKS 9 7 84 

GAS AND WATER PIPES, use of streets for 11 19 137 

GENERAL APPROPRIATION BILL, what to 

contain 4 29 53 

GOVERNMENT for and by the people 1 2 19 

GOVERNOR, approval of bills by 4 16 41 

election and term of 5 2 57 

election of, how made known 5 4 57 

executive power vested in 5 1 57 

to see that laws are executed 5 7 58 

may call extra session of legislature 5 9 58 

may adjourn legislature 5 11 59 

message of 5 10 58 

officer of the United States not to act as 5 12 59 

pardoning power vested in___ 7 181 

qualifications of 5 3 57 

to keep great seal 5 13 59 

to be commander in chief of militia 5 5 58 

to transact executive business 5 6 58 

to fill vacancies 5 8 58 

veto power . : 4 16 41 

GRAND JURY 1 8 20 

GREAT SEAL. See Governor. 

HABEAS CORPUS 1 5 19 

HARBOR FRONTAGE, Etc 15 __ 167 

HIGHWAYS, establishing system of 4 3 6 56 

HOMESTEAD EXEMPTION _ 17 1 169 

HOURS OF LABOR ON PUBLIC WORKS 20 17 176 

HUSBAND AND WIFE, separate property of— _ 20 8 174 
IMMIGRATION. See Aliens. 

IMPEACHMENT, officers subject to _,. 4 18 42 

assembly has power of, tried by senate 4 17 42 

IMPRISONMENT. See Debt. 

INALIENABLE RIGHTS 1 1 18 

INCOME TAXES, who may be assessed and 

collected from 13 11 160 

INDEBTEDNESS, State, liability exceeding 

$300,000 how created 16 1 168 

INDICTMENTS, how prosecuted 1 8 20 

INDUSTRIAL ACCIDENTS, employers' liability 

for 20 21 177 

settlements by arbitration for 20 21 177 

INFERIOR COURTS, jurisdiction of 6 13 76 

INFORMATION 1 8 20 

INITIATIVE AND REFERENDUM, conflicting 

measures 4 1 33 

failure to submit measure 4 1 34 

filing petitions 4 1 31 

initiative, first power reserved 4 1 31 



IXDEX. 



335 



INITIATIVE AND REFERENDUM— Continued. 

legislative powers 

no veto of 

petition (initiative) 

petition (referendum) 

petitions may be presented in sections 

powers reserved to counties and cities 

referendum, second power reserved 

section of constitution self-executing 

supplemental petitions 

INSTALLMENT PAYMENTS OF TAXES, legisla- 
ture may provide for 

JOURNALS of legislature 

JUDGES, not to practice law 

qualification of 

assignment from other county 

absence from state 

compensation of 

ineligible to other office 

not to charge facts 

not to practice law 

must be attorney 

JUDGES OF SUPERIOR COURT 

legislature may change number of 

JUDGMENT, setting aside of 

JUDICIAL DEPARTMENT 

JUDICIAL OFFICERS, removal of 

leave of absence can not be granted 

removal of 

JUDICIAL POWER, how vested 

JUDICIAL SYSTEM, laws relating to 

JURIES, compensation 

JURORS, number of 

JURY TRIAL 

JURY, charge to 

JURISDICTION OF INFERIOR COURTS 

JUSTICES AND JUDGES, not eligible to other 

than judicial offices, when , 

JUSTICES OF SUPREME COURT, election of__ 
JUSTICES OF THE PEACE, number and powers. 

LAND AND HOMESTEAD EXEMPTION 

LAND HOLDINGS, Large, discouraged 

LAWS, how passed 

LAWS IN FORCE, on adoption of constitution, 

1879, remain so until altered; exceptions 

LAWS, to have uniform operation 

LEAVE OF ABSENCE, can not be granted judi- 
cial officers 

LELAND STANFORD JUNIOR UNIVERSITY.. 
LEGISLATIVE DEPARTMENT, legislative power 
LEGISLATURE, adjournment of, provisions and 

restrictions 

compensation of members of 

each house judge of qualification of members. 



ART. 


SEC. 


PAGE 


4 




32 


4 




33 


4 




31 


4 




32 


4 




34 


4 




36 


4 




32 


4 




36 


4 




35 


13 


7 


157 


4 


10 


39 


6 


22 


80 


6 


23 


80 


6 


S 


73 


6 


9 


74 


6 


17 


77 


6 


IS 


7S 


6 


19 


78 


6 


22 


80 


6 


23 


80 


6 


8 


73 


6 


9 


74 


6 


n. 


69 


6 





62 


6 


21 


79 


6 


9 


74 


6 


10 


74 


6 


1 


62 


22 


11 


182 


11 


5 


91 


1 


7 


20 


1 


7 


20 


6 


19 


78 


6 


13 


76 


6 


18 


78 


6 


3 


64 


6 


11 


75 


22 




158 


17 


2 


169 


4 


15 


40 


22 


1 


178 


1 


11 


22 


6 


9 


74 


9 


10 


87 


4 


1 


31 


4 


14 


40 


4 


23 


46 


4 


7 


39 



330 INDEX. 

LEGISLATURE— Continued. art. 

each house may expel its members 4 

elections by, manner of voting 4 

expulsion of members of 4 

journals of, how kept 4 

laws, how passed 4 

limitation of expense, for officers and attaches 4 

meetings of, to be open 4 

members of, not eligible to certain offices 4 

members of, privileged from arrest, when 4 

not to impose taxes on cities and counties and 

other municipalities 11 

number of members of senate and assembly 4 

officers of each house, how chosen 4 

quorum, what constitutes 4 

rules of proceedings, determined by 4 

sessions of, biennial, when shall commence ; 

recess _ 4 

LIEUTENANT GOVERNOR, may become gov- 
ernor, when 5 

qualifications and duties 5 

LIABILITY of stockholders and directors of 

corporations 12 

LIABILITY OF CORPORATIONS not released 

by transfer of franchise 12 

LIBEL SUITS 1 

LOBBYING a felony 4 

LOCAL LAWS 11 

LOCAL LAWS prohibited 4 

LOTTERIES prohibited 4 

MARRIAGE CONTRACTS 20 

MECHANIC'S LIEN, property subject to, enforce- 
ment of 20 

MEETINGS of legislature to be open 4 

MERCHANDISE, inspection of 11 

MESSAGE. See Governor. 

MILITARY, subordinate to civil power 1 

MILITARY DUTY, electors not obliged to per- 
form, exception 2 

MILITIA 8 

organization of 8 

MINIMUM WAGE for women and minors 2 

MISCELLANEOUS SUBJECTS 20 

MONEYS, Public., may be deposited in banks ; 

requirements as to security 11 

of counties and cities, etc., to be immediately 

deposited with treasurer 11 

MORTGAGES, exempted from taxation 13 

MUNICIPAL CORPORATIONS, freeholders' 

charters ; powers conferred by 11 

not to be created by special laws, etc 11 

MUNICIPAL POWER, not to be delegated by the 
legislature to corporations or individuals, 
etc. 11 13 13: 



SEC. 


PAGE 


9 


39 


28 


53 


9 


39 


10 


39 


15 


40 


23 


46 


13 


40 


19 


43 


11 


39 


12 


130 


5 


38 


7 


39 


8 


39 


9 


39 


o 


36 


16 


60 


15 


59 


3 


139 


10 


142 


9 


21 


35 


56 


11 


130 


25 


4S 


26 


52 


7 


173 


15 


175 


13 


40 


14 


132 


12 


22 


3 


30 




81 


1 


81 


17J 


177 


— 


172 


16£ 


132 


16 


132 


1 


153 


U 


118 


6 


93 



INDEX. 337 

ART. SEC. PAGE 

MUNICIPAL OR POLITICAL CORPORATIONS. 

private property not to be sold for debts of 11 15 132 
NAVIGABLE WATERS, access to, attainable for 

public use 15 2 167 

right of state to all frontages on 15 1 167 

NEW COUNTIES, formation of 11 3 90 

NEW TRIAL, when and how granted 6 4 J 69 

OATH OF OFFICE, form of 20 3 173 

OBLIGATIONS AND ACTIONS, existing, un- 
affected by adoption of Constitution of 1S79 22 2 1 < 9 
OBLIGATION OF CONTRACTS, no bill shall be 

passed impairing 1 16 2 1 

OFFENSE, second prosecution forbidden 1 13 22 

OFFENSES prosecuted by information 1 S 2 

OFFICE, embezzlers not eligible to 4 21 43 

members of legislature shall not be appointed 

to, when 4 19 43 

term of, not to be increased, when 11 9 12 9 

United States officials not eligible to state 

office 4 20 43 

OFFICER OR AGENT, limit on interest of, in 

furnishing supplies to corporations, etc 12 IS 144 

OFFICERS, EXECUTIVE, compensation of 5 19 61 

extra compensation to, prohibited 4 32 55 

subject to impeachment 4 IS 42 

of counties and townships, compensation of 11 5 91 

OFFICERS OF LEGISLATURE, how chosen 4 7 39 

limitation of expenses for 4 23 46 

eligible to office under state government 4 2 43 

OFFICERS OR COMMISSIONERS, election or 

appointment of 20 4 173 

OPINIONS OF SUPREME COURT, publication of 6 16 77 
PANAMA-PACIFIC INTERNATIONAL EXPO- 
SITION, aid of 11 8a 116 

4 22 43 

11 IS 134 

PARDONING POWER vested in governor 7 1 81 

PASSES, public officers not to receive 12 19 144 

PEOPLE, rights reserved to 1 2 19 

PERPETUITIES, not allowed except for elee- 
mosynary purposes 20 9 174 

PERSONAL PROPERTY, amount of exemption 

from taxation 13 10J 160 

PETITION, right to 1 lo" 21 

POLL TAX, not to be levied 13 12 160 

POWER, distribution of ; three departments of 

government 3 1 30 

PRIMARY ELECTIONS, power of legislature.- 2 2£ 29 
PRISON DIRECTORS, appointment and term of 

office 10 1 88 

compensation of 10 4 89 

powers and duties of 10 2 89 

shall appoint prison officers; appointment or 

removal of in :; §9 

15—15736 



ART. 

PRISON DIRECTORS, WARDENS AND OFFI- 
CERS, regulation of powers of; duties of 10 

PRIVATE PROPERTY, not to be sold for cor- 
porate debt of political or municipal cor- 
poration 11 

PRIVATE PROPERTY, rights of compensation 

when taken for public use, etc 1 

Taking of for railroad, for logging or lumber- 
ing purposes deemed a taking for public use 1 

PRIVILEGES, special, forbidden 1 

PRIVILEGE of members of legislature 4 

PROCESS, style of, "The People of the State of 

California" 6 

PROPERTY, Corporate, subject to exercise of 

right of eminent domain 12 

PROPERTY QUALIFICATIONS, forbidden 1 

PUBLIC CREDIT, to persons or corporations pro- 
hibited 4 

PUBLIC FUNDS, not to be used for private profit 11 
PUBLIC OFFICIALS, compensation of, not to be 

increased, when 11 

recall of 23 

PUBLIC SCHOOL SYSTEM, taxation for support 

of 9 

PUBLIC UTILITIES, municipalities may estab- 
lish public works for light, water, telephone 

or other service 11 

regulation of charges of 4 

subject to control of railroad commission 12 

supervision and regulation of 12 

PUBLIC WORKS, Chinese not to be employed on_ 19 

PURITY, in office holding and elections 20 

QUALIFICATION OF MEMBERS, each house 

judge of 4 

QUORUM, in each house, what constitutes 4 

RAILROAD AND OTHER TRANSPORTATION 

COMPANIES, discrimination forbidden 12 

RAILROADS OR OTHER COMMON CARRIERS. 
Increase of rates by ; must have consent of 

railroad commissioners 12 

RAILROAD COMMISSION, powers, duties, term 

of, appointment of members of _ 12 

consent of, must be obtained by railroads or 

other common carriers to increase of rates- 12 

power to fix compensation for property taken 12 

RECALL OF PUBLIC OFFICIALS 23 

RECALL, ballot 23 

notice of election . 23 

officer must be in office at least six months__ 23 

officer not recalled to be repaid for expenses.- 2 3 

petition may be in sections 23 

procedure 23 

to be exercised by counties and cities 23 



SEC. 


PAGE 


5 


89 


15 


132 


14 


23 


14 
21 
11 


23 

26 
39 


20 


79 


8 
24 


141 

26 


31 
17 


54 

133 


9 


129 
183 



21 



S3 



19 


137 


33 


55 


23 


149 


23 


149 


3 


171 


11 


174 


7 


39 


8 


39 



145 



20 


144 


22 


146 


20 


144 


23 (a) 152 





183 




183 




184 




187 




187 




185 




183 




187 



index. 339 

art. sec. page 
REFERENDUM. See Initiative. 

RELIGION, freedom of 1 4 19 

REPORTERS, COURT, how appointed- 6 21 79 

RESIDENCE, when absence does not affect 20 12 174 

RESIDENCE OF VOTERS, how gained or lost 2 4 30 

REVENUE AND TAXATION 13 __ 153 

•'banks*' defined and property of assessable, 

manner of assessment 13 14(c) 163 

banks — capital, reserve, etc., assessed 13 14(c) 163 

computation of taxes 13 14 (a) 161 

counties reimbursed 13 14(f) 165 

deficiency in revenue for schools 13 14(e) 164 

franchises 13 14(d) 164 

injunction to prevent collection not to be 

issued 13 14(0)165 

as to insurance companies 13 14(b) 162 

legislature to pass necessary laws 13 14(f) 164 

as to railroads 13 14 (a) 161 

state purposes ("Constitutional Amendment 

No. 1") 13 14 161 

support of schools 13 14(e) 164 

taxes on railroads, express companies, for 

exclusive use of state 13 14 161 

where propertv shall be assessed 13 10 159 

RIGHT OF WAY. obtaining 1 14 23 

RIGHTS, DECLARATION OF, except for cap- 
ital offenses, all persons bailable ; exces- 
sive bail forbidden 16 20 

bills of attainder, ex post facto laws, obli- 
gation of contracts 1 16 24 

freedom of assembling and petitioning 1 10 21 

freedom of religion guaranteed 1 4 19 

freedom of speech guaranteed, libels 1 9 21 

general warrants ; unreasonable seizures and 

searches 1 19 25 

indictments, information, grand jury 1 8 20 

jury trial shall be secured to all 1 7 20 

people have right to alter or reform govern- 
ment 1 2 19 

property qualification forbidden 1 24 26 

rights of accused; criminal trials 1 13 22 

imprisonment for debt forbidden 1 15 24 

of foreigners 1 17 25 

private property shall not be taken for 

public use without just compensation 1 14 23 

special privileges, limitation on 1 21 26 

slavery prohibited 1 18 25 

to fish 1 25 27 

treason 1 20 25 

witnesses shall not be unreasonably de- 
tained nor confined 1 6 20 

writ of habeas corpus shall not be sus- 

ded, exceptions 1 5 19 



340 INDEX. 

ART. SEC. PAGE 

RIGHTS OF MEN 1 1 18 

RIGHTS reserved by people 1. 23 26 

RULES OF PROCEEDING and expulsion of 

members 4 9 39 

SACRAMENTO, seat of government 20 1 172 

SALARIES, justices of supreme court and district 
courts of appeal, when paid ; subject to 

rendition of decision 6 24 80 

SALARIES OF EXECUTIVE OFFICERS, gov- 
ernor, lieutenant governor, secretary of 
state, controller, treasurer, attorney gen- 
eral, and surveyor general 5 19 61 

SALARIES OF APPELLATE COURT, how paid 6 17 77 

SALARIES OF JUDGES OF SUPERIOR COURT, 

how paid 6 17 77 

SALARIES OF JUSTICES OF SUPREME COURT, 

how paid 6 17 77 

SAN FRANCISCO, City and County, charter 
of ; amendments permitted in aid of expo- 
sition 11 

SCHEDULE 22 

SCHOOLS, sectarian 9 

SEAL, GREAT. See Governor. 

SEARCH WARRANTS, how issued 1 

SECRETARY OF STATE, duties of 5 

SECTARIAN SCHOOLS, appropriation for, pro- 
hibited 9 

support of, prohibited 4 

SEIZURES AND SEARCHES 1 

SENATE, election of senators ; terms 4 

SENATORS, number of 4 

of United States, how elected 5 

SENATORIAL AND ASSEMBLY DISTRICTS— 4 
SEPARATE PROPERTY, of husband and wife 20 
SESSIONS OF THE LEGISLATURE, biennial 

recess, procedure 4 

SESSIONS OF COURTS 6 

SEX, does not disqualify for business pursuits 20 

SLAVERY, prohibited 1 

SOLDIERS, billeting forbidden 1 

SPECIAL LAWS, prohibited 4 

SPECIAL PRIVILEGES. See Privileges. 

STATE INDEBTEDNESS 16 

liability exceeding $300,000, how created 16 

STATE, COUNTY, OR MUNICIPALITIES, de- 
posit of moneys belonging to 11 

STATE AND LOCAL TAXATION, of public ser- 
vice and other corporations ; separation of 13 

STATE OFFICERS '. 5 

STATE INSTITUTIONS AND BUILDINGS 10 

STATE LANDS, granted to actual settlers 17 

STATE SCHOOL FUND 9 

STATEMENT TO COUNTY ASSESSOR, taxpayer 

to make J 13 8 158 



8a 


116 




178 


8 


86 


19 


25 


18 


61 


8 


86 


30 


53 


19 


25 


4 


38 


5 


38 


20 


62 


6 


38 


8 


174 


2 


36 


8 


73 


18 


177 


18 


25 


12 


22 


25 


48 


1 


168 


1 


168 


161 


132 


14 


161 


17 


60 




88 


3 


169 


4 


82 



INDEX. 341 

ART. SEC. PAGE 

STOCKHOLDERS AND DIRECTORS, of cor- 
porations; liability of 12 3 139 

SUBMISSION OF AMENDMENTS to constitution 18 1 170 
SUCCESSION, order of. See Governor. 

SUFFRAGE, right of, who may vote— _ 2 1 27 

SUITS against corporations, where mav be 

brought 12 16 143 

against state 20 6 173 

SUPERIOR COURTS, jurisdiction of 6 5 70 

number. organization, term of office, 

vacancies 6 6 72 

sessions 6 7 73 

who may try causes 6 8 73 

SUPREME COURT, election of justices of 6 3 64 

clerk of, how appointed 6 21 79 

how constituted 6 2 63 

jurisdiction of 6 4 65 

publication of opinions of 6 16 77 

SUPREME COURT COMMISSION, abolished—- 6 25 81 
SPECIAL AND LOCAL LEGISLATION, forbid- 
den 4 25 48 

SUPERINTENDENT OF PUBLIC INSTRUC- 
TION, election, term, and salary 9 2 82 

SUPERINTENDENT OF SCHOOLS, election of, 

in each county 9 3 82 

TAXATION, churches exempt from 13 \\ 155 

exemptions, growing crops, libraries, school 

property, etc. 13 1 153 

exemption of soldiers, sailors, etc., to amount 

of $1,000 13 1J 155 

exemption of Academy of Sciences 9 12 88 

exemption of School of Mechanical Arts 9 11 88 

exemption of Cogswell Polytechnic College 9 13 88 

exemption of Leland Stanford Jr. University- 9 10 87 

exemption of college property 13 la 156 

exemption of vessels 13 4 156 

legislature to pass laws to enforce 13 13 161 

power of not to be impaired 13 6 157 

property to be taxed according to value 13 1 153 

separation of state and local taxation of 

public service or other corporations 13 14 161 

young trees and vines exempt from 13 121 160 

TAXES, cities, counties and other municipalities ; 

legislature not to impose upon 11 12 130' 

income may be assessed and collected 13 11 160* 

payment of by installments 13 7 15T 

TERMS OF OFFICE and election, when held 20 20 177 

judges of superior court 6 6 72 

not to be extended 11 9 129 

when not fixed by constitution 20 16 175 

TEXT-BOOKS, compensation and use of 9 7 84 

to be used not less than four years 9 7 84 

TIDE LANDS, used for purposes of navigation, 

withheld from sale 15 3 167 



342 INDEX. 

ART. SEC. PAGE 

TREASON 1 20 25 

UNITED STATES SENATOR, election of 5 20 62 

UNIVERSITY OF CALIFORNIA 9 9 86 

URGENCY MEASURES 4 1 32 

VACANCIES, how filled 4 12 40 

judges of superior courts, appointed by gov- 
ernor 6 6 72 

VOTERS, privileges of 2 2 28 

residence of, how gained or lost 2 4 30 

VOTING MACHINES, permitting use in elections 2 6 30 

WARRANTS, general 1 19 25 

WATER AND WATER RIGHTS 14 __ 166 

subject to control of state 14 1 166 

WATER, right to collect rates for is a franchise 14 2 167 
WEIGHTS AND MEASURES, legislature may 

provide for inspection of 11 14 132 

WITNESSES, confinement of, prohibited 1 6 20 



INDEX TO UNITED STATES CONSTITUTION. 

ART. SEC. PAGE 

APPELLATE COURTS, jurisdiction of 3 2 324 

APPOINTMENT OF OFFICERS, by President— 2 2 40 

APPORTIONMENT. See Representatives. 

ARMY, raised and supported by congress 1 8 312 

ATTAINDER, bills of, not to be passed by con- 
gress, or by a state 1 9 313 

BAILS. FINES AND PUNISHMENTS— _Amdt. 

VIII I 

BANKRUPTCY, uniform law by congress 1 

CAPITATION TAX, not to be levied by congress, 

unless in proportion to census 1 

CITIZENS, granted equal protection of the laws 

in all the states Amdt. XIV __ 

interstate privileges of 4 

right to vote Amdt. XV 

CITIZENSHIP, privileges not to be abridged by 

state laws Amdt. XIV 

COINS, domestic and foreign, value to be fixed 

by congress 1 

COMMERCE, regulation of, by congress 1 

regulation of, preference not to be given to 

any state 1 

CONSTITUTION, ratification of 7 

supreme law of the land 6 

CONSTITUTIONAL AMENDMENTS, how sub- 
mitted 5 



adopted, 1789-191; 



H 



CONGRESS, annual meeting of 1 

consists of two houses 1 

election of members of 1 

laws, how enacted 1 

legislative powers vested in 1 

( 1 



limitation of powers granted to -J 

(Amdt. I 

powers granted to H 



power of, relating to, Amdt. XIV 

power of, relating to, Amdt. XV 

power to designate place of trial, when 3 

resolutions, how passed 1 

. 1 

restriction on powers of J 

I Amdt. I 

nue laws, to originate in house 1 

special sessions, how called 2 

to legislate for federal district 1 

whf-n adjourned by President 2 



1 


323 


8 


311 


9 


313 


1 


325 


2 


328 


1 


326 


1 


325 


8 


311 


S 


311 


9 


313 


1 


320 


2 


320 


1 


319 




322 




to 




327 


4 


309 


1 


306 


4 


310 


7 


310 


1 


306 


9 


312 




322 




311 


8 


and 




312 


5 


326 


2 


327 


2 


31& 


7 


310 


9 


312 


1 


322 


7 


310 


3 


316 


s 


312 


3 


317 



344 INDEX TO UNITED STATES CONSTITUTION. 

ART. SEC. PAGE 

COPYRIGHTS, securing of 1 8 311 

COURTS, inferior, established by congress— 1 8 311 

supreme 3 1 317 

jurisdiction of . 3 2 317 

jurisdiction of, not in certain cases 

Amdt. XI __ 1 324 

( 3 2 318 

CRIMES, trial of 1 322 

(Amdts, V, VI __ __ 323 

CRIMINAL PROCEEDINGS Amdts. V, VI __ __ 322 

323 

DEBT, public, guarantee of Amdt. XIV __ 4 326 

DEBTS, public, contracted for prior to adoption 

of Constitution, valid 6 1 320 

direct tax only in proportion to census 1 9 313 

DUTIES, power of congress to lay and collect 1 8 311 

ELECTION. See Congress; President ; Senators. 
FRANCHISE, not to be denied for previous 

slavery Amdt. XV __ __ 326 

ELECTORAL VOTE, time for casting 2 1 314 

EXECUTIVE DEPARTMENT 2 __ 314 

EXPORTS, duties on state, not to be levied by 

congress 1 9 313 

EX POST FACTO LAW, not to be passed by 

congress 1 9 313 

FEDERAL DISTRICT, governed by congress 1 8 312 

FUGITIVES from justice 4 2 318 

FUGITIVES from service 4 2 319 

GOVERNMENT, state, form of 4 4 319 

HABEAS CORPUS, writ of, not to be suspended 

by congress 1 9 313 

HOUSE OF REPRESENTATIVES, how com- 
posed 1 2 306 

adjournment of 1 5 309 

I 1 2 306 

apportionment of members J 

(Amdt. XIV __ 2 325 

journals of 1 5 309 

impeachment, sole power of 1 2 307 

members, sole judge of qualifications of 1 5 309 

members, punishment of 1 5 309 

officers of 1 2 307 

qualification of members 1 2 306 

quorum of 1 5 309 

revenue laws, originate in 1 7 310 

rules of 1 5 309 

vacancies, how filled 1 2 307 

IMMIGRATION, power of congress in relation to_ 1 9 312 
IMPEACHMENT, all civil officers liable to re- 
moval from office by 2 4 317 

house of representatives has sole power of 1 2 307 

trial by senate 1 3 308 

judgment in 1 3 308 

INCOME TAX, congress may levy___Amdt. XVI __ __ 327 



INDEX TO UNITED STATES CONSTITUTION. 



345 



ART. SEC. PAGE 



JUDICIAL PROCEEDINGS, etc., of each state, 
entitled to full faith and credit in every 
other state 4 

JUDICIAL DEPARTMENT J 3 



JUDICIAL POWER of the United States, does 

not extend to what Amdt. XI 

of courts in general 3 

JURY TRIAL, right of 1 

(Amdts. V, VI, VII _^ 

in civil cases Amdt. VII __ 

in criminal cases Amdt. VI — 

LAW — Constitution, the laws and treaties de- 
clared supreme law of the land 6 

LAWS — how enacted 

LAWS, congress directed to enact 

LEGISLATIVE DEPARTMENT 

LIMITATIONS on power of congress 

LOANS, on credit of United States 

MILITIA, calling forth of 

provisions for 

state, right to bear arms Amdt. II 

rights reserved, to states 

MILITARY AND NAVY, rules for government 

made by congress 

MONEY, coined by congress 

punishment for counterfeiting, congress to 

provide 

to be drawn from treasury only by regular 

appropriation 

value of, to be fixed by congress 

NATURALIZATION, uniform rules by congress, 

NAVY, provided and maintained by congress 

NOBILITY, TITLES OF, not to be granted by 

the United States 

OATH OF OFFICE I 

OFFICERS. See House of Representatives ; Senate. 

PATENTS, securing of 

PEOPLE, rights retained by Amdt. IX 

PIRACIES, defined and punished by congress 

POST OFFICES, established by congress 

POWERS granted to congress 

withheld from congress 

taken from states 

PRESIDENTIAL ELECTORS, appointment and 

number of 2 

time of choosing 2 

PRESIDENT OF UNITED STATES, appoint- 
ments by commander-in-chief 2 

2 

"lAmdt. XII __ 

extra session of congress called by 2 



1 318 

317 

to 

318 

1 324 

2 317 
2 317 

323 
1 323 
1 323 



320 
310 
312 
306 
312 
311 
312 
312 
322 
312 



election of 



312 

311 



311 



9 313 

8 311 

8 311 

8 312 



313 
320 

311 
323 
311 
311 
311 
312 
313 

314 
315 

316 
314 
324 
316 



346 INDEX TO UNITED STATES CONSTITUTION. 

ART. SEC. PAGE 

PRESIDENT OF UNITED STATES— Continued. 

executive power vested in 2 1 314 

impeachment of 2 4 317 

trial of 1 3 308 

message to congress 2 3 316 

oath of office of 2 1 316 

adjourn congress 2 3 317 

qualifications of 2 1 315 

powers of 2 2-3 316 

salary of 2 1 315 

successor to, in case of disability 2 1 315 

term of office 2 1 314 

PRESS, congress not to abridge freedom of Amdt. I 1 322 

PRIVILEGE of senators and representatives 1 5 309 

PROPERTY OF THE UNION, control of 4 3 319 

PROPERTY, private, not to be taken for public 

use without just compensation Amdt. V — 1 323 

PUBLIC DEBT OF CONFEDERATION, assumed 6 1 320 

PUBLIC DEBT, guarantee of Amdt. XIV __ 4 326 

PUBLIC OFFICE, disqualification for_Amdt. XIV __ 3 326 

PUNISHMENT, cruel, prohibited Amdt. VIII __ __ 323 

QUALIFICATIONS. See Representatives; senate. 

RATIFICATION OF CONSTITUTION 7 1 320 

RELIGION, congress not to make laws relating 

to establishment of Amdt. II 1 322 

RELIGIOUS TEST for office not to be required— 6 1 320 

REPRESENTATIVES, apportioning jlmdt'xfv _^ 

compensation of 1 6 310 

election of 1 2 306 

time of election 1 4 309 

not to hold certain office during term 1 6 310 

officers of 1 2 307 

qualification of 1 2 306 

vacancies, how filled 1 2 307 

RESOLUTIONS, how passed 1 7 310 

REVENUE LAWS, originate in house 1 7 310 

RIGHTS OF PEOPLE, against searches and 

seizures Amdt. IV __ 1 322 

RIGHTS RESERVED to the people Amdt. IX __ 1 32 3 

SEARCH "WARRANTS, Etc., regulation of issu- 
ance of Amdt. IV __ 1 322 

SEAT OF GOVERNMENT, power of congress 

relative to government of 1 8 312 

SENATE, adjournment of 1 5 309 

composed of how many members 1 3 307 

impeachment, trial of 1 3 308 

impeachment, judgment in case of 1 3 308 

journals of 1 5 309 

members, sole judge of qualification of 1 5 309 

officers of 1 3 307 

president of - 1 3 308 

qualification of members 1 3 308 

quorum of 1 5 309 



INDEX TO UNITED STATES CONSTITUTION. 347 

ART. SEC. PAGE 

SENATE, rules of 1 

vacancies, how filled 1 

See. also. Congress. 

SENATORS, compensation of 1 

election of. time and manner of 1 

how chosen, term 1 

how classified 1 

how expelled 1 

how punished 1 

number of 1 

qualification of 1 

vacancies, how filled 1 

SLAVERY, prohibited Amdt. XIII „ 

SLAVE TRADE, power of congTess in relation to 1 

SOLDIERS, quartering of Amdt. Ill __ 

SPEECH, freedom of Amdt. I __ 

STATE RECORDS and judicial proceedings 4 

STATES, admission of new 4 

division of 4 

guaranteed protection against invasion, etc. 4 

guaranteed republican form of government 4 

powers prohibited to 1 

STATE, rights reserved to Amdt. X __ 

SUPREME COURT, judges of, salary and term of 

office 3 

jurisdiction of 3 

jurisdiction of, denied in certain cases 

Amdt. XI __ 

TAXATION, power of congress to impose 1 

TAXES, direct, not to be levied by congress, 

unless in proportion to census 1 

income Amdt. XVI __ 

TERRITORIAL PROPERTY, control of 4 

TEST, religious, not to be required 6 

TITLES OF NOBILITY, not to be granted by 

United States 1 

TREASON, conviction of 3 

defined 1 3 

punishment for, congress to provide 3 

TREATIES, made by president 2 

TRIAL, mode of, in criminal proceedings. 

Amdt. VI _^ 

in civil proceedings Amdt. VII __ 

VACANCIES. See Representatives ; Senators. 

VICE-PRESIDENT, election of JAmdt."xn __ 

impeachment of i 

president of senate 1 

VOTE, right to by citizens Amdt. XV __ 

not to be abridged by states Amdt. XIV __ 

WAR, declared by congress 1 

WEIGHTS AND MEASURES, standard of, fixed 

by congress 1 s 311 



5 


309 


3 


307 


6 


309 


4 


309 


3 


307 


3 


307 


5 


309 


5 


309 


3 


307 


3 


308 


3 


307 


1 


325 


9 


312 


1 


322 


1 


322 


1 


318 


3 


319 


3 


319 


4 


319 


4 


319 


LO 


313 


1 


315 


1 


317 





317 


1 


324 


S 


311 


9 


313 




317 


3 


319 


1 




9 


313 


3 


318 


3 


318 


3 


318 


2 


31G 


] 


323 


1 


323 


1 


314 


1 


324 


4 


317 


3 


308 


1 


326 


•> 


3 25 


8 


311 



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